House of Lords Journal Volume 17: 4 March 1704

DIE Sabbati, 4 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thrown Silk, Importation of, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for prolonging the Time, by an Act of Parliament made in the First Year of Her Majesty's Reign, for importing Thrown Silk, of the Growth of Sicily, from Leghorn."

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

It was Resolved in the Affirmative.

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

Hawe's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for setting aside voluntary Settlements made by John Hawe Gentleman, of Estates, in the Counties of Stafford and Warwick, and settling some Part of his Estate upon the said John Hawe and his Son; and for making Provision for the Maintenance of his Son and Daughter, and raising a Portion for such Daughter; and selling the Residue, for Payment of his Debts," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for setting aside voluntary Settlements made by John Hawe Gentleman, of Estates, in the Counties of Stafford and Warwick, and settling some Part of his Estate upon the said John Hawe and his Son; and for making Provision for the Maintenance of his Son and Daughter, and raising a Portion for such Daughter; and selling the Residue, for Payment of his Debts."

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

It was Resolved in the Affirmative.

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

Sir P. Tyrril's Bill:

The Lord Herbert reported from the Lords Committees, the Bill, intituled, "An Act to vest the Manor of Hanslop and Castlethrop, and all other the Lands and Hereditaments of Sir Peter Tyril Baronet, and Thomas Tyril Esquire his Son, in the County of Bucks, in Trustees, to sell Part thereof, for Payment of Debts; and to settle other Lands and Hereditaments there, being of an equal Value, in Lieu of the Lands to be sold," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the Manor of Hanslop and Castlethrop, and all other the Lands and Hereditaments of Sir Peter Tyril Baronet, and Thomas Tyril Esquire his Son, in the County of Bucks, in Trustees, to sell Part thereof, for Payment of Debts; and to settle other Lands and Hereditaments there, being of an equal Value, in Lieu of the Lands to be sold."

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. Rogers and Mr. Hiccocks:

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

Conway and Mostyn's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for Sale of the Estate of John Digby Esquire, deceased, in the County of Buckingham; and dividing the Money between Sir John Conway Baronet and Richard Mostyn Esquire; and for settling the Estate of Sir John Conway, in the County of Flint, and making Provision for his Son and Daughter, according to an Agreement for that Purpose," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of John Digby Esquire, deceased, in the County of Bucks; and dividing the Money between Sir John Conway Baronet and Richard Mostyn Esquire; and for settling the Estate of Sir John Conway, in the County of Flint, and making Provision for his Son and Daughter, according to an Agreement for that Purpose."

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

It was Resolved in the Affirmative.

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

Protestant Subjects of Orange, Nat. Bill.

The Judges, pursuant to Order, delivered a Bill, drawn by them, intituled, "An Act for naturalizing the Protestant Subjects of the Principality of Orange, who have departed their Country upon the Account of their Religion, who are, or shall, come to settle in this Kingdom."

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing the Protestant Subjects of the Principality of Orange, who have departed their Country upon the Account of their Religion, who are, or shall, come to settle in this Kingdom."

Soldiers Nat. Bill.

A Petition being read of several Soldiers; desiring to be naturalized, in order to serve Her Majesty:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, for their Naturalization, as desired.

Queen's Answer to the Address about fitting out a Fleet.

The Lord Keeper reported Her Majesty's Answer to the Address of this House, presented to Her Majesty Yesterday; (videlicet,)

"My Lords,

"I am glad you find no greater Number of Seamen wanting at this Season of the Year to complete the manning of the Fleet; for which, I hope, such effectual Methods are already taken, that no Service shall be disappointed, either Abroad or at Home, which is necessary for the Security and Advantage of the Kingdom, or the Protection and Encouragement of Trade."

Public Accompts, for taking, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for taking, examining, and stating, the Public Accompts of the Kingdom."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for granting to Her Majesty an additional Subsidy of Tonnage and Poundage for Three Years; and for laying a further Duty upon French Wines, condemned as lawful Prize; and for ascertaining the Values of unrated Goods, imported from The East Indias;" to which they desire the Concurrence of this House.

Subsidy Bill.

Then, it being proposed, "To read this Bill the First Time on Thursday next;" and Debate thereupon:

The Question was put, "Whether this Bill shall be read the First Time on Thursday next?"

Then the previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put, "Whether this Bill shall be read the First Time on Thursday next?"

It was Resolved in the Affirmative.

ORDERED, That the said Bill be read the First Time on Thursday next.

Address and Answer to be printed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Address presented to Her Majesty by this House Yesterday, and Her Majesty's most Gracious Answer thereunto, shall be forthwith printed and published.

African Company versus Dockwra.

After hearing Counsel, upon the Petition and Appeal of the Royal Affrican Company of England, from a Decree made in the Court of Chancery, Tertio Novembris, Decimo Tertio Gulielmi Tertii, whereby the Appellants are decreed to pay to the Respondents Langdon and his Wife Two Thousand Six Hundred and Thirty Pounds, Twelve Shillings, Damages, recovered against Dickinson, and Cost at Law, and in the Court of Chancery; and that the Bill should be dismissed against the other Respondent Dockwra, and the Respondent Dockwra should be at Liberty to prosecute the said Decree against the Appellants, in the Name of the said Langdon and his Wife; and also from an Order made upon Hearing, the Nineteenth of June One Thousand Seven hundred and Three, for affirming the former Decree, and a Commission of Sequestration awarded by the Lord Keeper, to compel the Appellants to pay the Money to Dockwra; and praying, "That the said Decree and Proceedings may be reversed, and the Petitioners relieved; and that Roger Langdon and Phillis his Wife, Administratrix of Richard Dickenson and William Dockwra, may answer thereunto;" as also upon the Answer of Roger Langdon and his Wife, and William Dockwra, 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 the Royal Affrican Company of England shall be, and is hereby, dismissed this House; and that the Decrees and Orders therein complained of shall be, and they are hereby, affirmed: And it is further ORDERED, That the said Royal Affrican Company of England shall pay, or cause to be paid, unto the said William Dockwra, the Sum of Thirty Pounds, for his Costs.

Hundred of Staincliff versus Willan, in Error:

Whereas, by virtue of Her Majesty's Writ of Error returnable in Parliament, a Record of Her Majesty's Court of Queen's Bench was brought into this House, the Fifth Day of February last past; wherein Judgement is entered for Thomas Willan, who, as well for the Queen as for himself, prosecutes against the Inhabitants of the Hundred of Staincliffe, in the County of York; upon which Errors were assigned, and Issue joined, and this Day Counsel heard to argue the Errors thereupon; and after due Consideration thereof:

Judgement affirmed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in Her Majesty's Court of Queen's Bench, for the said Thomas Willan, against the Inhabitants of the Hundred of Staincliffe, in the County of York, shall be, and is hereby, affirmed: And it is further ORDERED, That the Record shall be remitted to Her Majesty's Court of Queen's Bench, to the End Execution may be had thereupon, as if no such Record had been brought into this House.

The Tenor of which Judgement, to be affixed to the Record to be remitted, is as followeth; (videlicet,)

"Posteaque, scilicet, Quarto Die Martii, Anno Regni dictæ Dominæ Reginæ nunc Secundo supradicto, in Curia Parliamenti hic visis & per Cur. hic diligenter examinatis & plenius intellectis tam Record. & Process. præd. ac Judic. super eisdem reddit. quam præd. Causis pro Error. assign. & allegat. pro eo quod videtur Cur. Parliamenti hic quod in Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. ill. in nullo fuit Error: Ideo considerat. est per eandem Cur. Parliamenti hic, quod Judicium præd. in omnibus affirmetur, & in omni suo Robore stet & Effectu; dictis Causis pro Error. assignat. in aliquo non obstant.; & quod præd. Thomas Willan, qui tam &c. in Cur. dictæ Dominæ Reginæ nunc, coram ipsa Domina Regina, haberet inde Executionem suam, versus præfat. Homines inhabitantes in Hundredo de Staincliffe præd. juxta Form. & Effect. Judic. præd."

Adjourn.

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