House of Lords Journal Volume 17: 1 February 1705

DIE Jovis, 1 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hooper's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for raising Money, by a Mortgage of a Plantation in The Barbadoes, to pay the Debts of Robert Hooper."

Whitley's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Thomas Whitley Esquire, as he was One of the Sureties of Morgan Whitley Esquire, late Receiver General for the Counties of Chester and North Wales."

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act for vesting in Trustees all the Estate of Baldwin Mallet Esquire, and William Mallet his Son and Heir Apparent, for Payment of the Debt of the said Baldwin Mallet to Her Majesty, as he was Receiver General for the County of Somersett, and City and County of the City of Bristol; and for settling the Residue on the said William Malett, his Heirs and Assigns for ever, as by Agreement between the said Baldwin Mallet and William Malett;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Richard Onslow and others:

Who brought up a Bill, intituled, "An Act for remedying Abuses of Collectors of several Public Taxes; and for the issuing out Process (in Case of Deficiencies upon the Land Tax for the Year One Thousand Seven Hundred and Five) only against such Places where the Deficiencies shall happen; and for relieving the Division of Kesteven, in the County of Lincoln, against the Deficiency charged thereupon for the Year One Thousand Six Hundred Ninety-eight; and for examining the Accompts of the Receivers and Collectors of the County of Devon and City of Exon;" to which they desire the Concurrence of this House.

Drake & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with John Drake, John Hunton, and Edmund Cocke, as Sureties for Augustine Briggs, Receiver General for the County of Norfolke and City of Norwich."

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

Their Lordships, or any Five of them; to meet on Thursday the Fifteenth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Cobb's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Richard Cobb Esquire, as One of the Sureties for Thomas Cobb Gentleman, deceased, Receiver General for the County of Southampton."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees aforenamed.

Girardot & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Andrew Girardot, alias Devermenoux, Francis Buzelin, and others."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees before named.

Ball's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Richard Ball, in Little Appulby and Great Appulby, in the Counties of Derby and Leicester; and for laying out so much of the Money as will purchase another Estate, of equal Value, to be settled to the same Uses; and the Residue in making Provision for Younger Children."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees before named.

Crowe's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of several Lands, in the Counties of Durham and Northumberland, late of Patricius Crowe Esquire, deceased, for the raising the Portions charged thereupon for his Younger Children."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees before named.

Lord Poulett's Bill:

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act to enable the Right Honourable John Lord Poulett and Bridget Lady Poulett his Wife, with the Consent of their Trustees, to sell their Shares and Interest of and in certain Manors and Lands in the County of Kent; and to purchase other Lands or Hereditaments, of the like Value, to be settled to the same Uses," 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 enable the Right Honourable John Lord Poulett and Bridgett Lady Poulett his Wife, with the Consent of their Trustees, to sell their Shares and Interest of and in certain Manors and Lands in the County of Kent; and to purchase other Lands or Hereditaments, of the like Value, to be settled to the same Uses."

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. Rogers:

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

Grainge's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for vesting the Estate of Joseph Grainge and Elizabeth his Wife in Trustees, to be sold; and to dispose of Part of the Money arising by such Sale, for the Maintenance of the said Elizabeth, pursuant to their Marriage Settlement; and to apply the Residue to the Payment of the Debts of the said Joseph Grainge," as fit to pass, without any Amendment.

ORDERED, That the said Bill be engrossed.

Green's Bill.

The Lord Bishop of Salisbury reported from the Lords Committees, the Bill, intituled, "An Act to enable John Green, of Gavellacre, in the County of Southampton, Clerk, to sell some Estates in Hackleston, in the County of Wilts; and for the settling other Estates, in Gavellacre, in the County of Southampton, of a better Value, to the same Uses," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Bludworth's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Charles Bludworth Esquire, deceased, for Payment of his Debts."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees before named.

Sir Henry Johnson versus Blake & al.

Upon reading the Petition and Appeal of Sir Henry Johnson Knight, and the Right Honourable Martha Baroness of Wentworth his Wife, against several Decrees and Orders made in the Court of Chancery, in a Cause wherein Daniel Blake and others, Creditors of John late Lord Lovelace, were Plaintiffs, and the said Appellants, and Henry Fane Gentleman, and Henry Nevill Gentleman, Infants, per Guardian, and others, were Defendants, (videlicet,) the Decrees or Orders made in the said Cause, bearing the several Dates following; (videlicet,) One of them Primo Die Februarii Anno Regni Gul. Tertii nuper Regis Duodecimo; another of them, the Seventh Day of November in the Thirteenth Year of the said late King's Reign; and another of them, the First Day of May in the Third Year of Her now Majesty's Reign; and another of them, the Twentieth Day of January last past; and praying "Relief in the Premises; and that the said Daniel Blake, and other the Creditors and Legatees of the said Lord Lovelace, may, in a short Time, put in their Answer to the said Appeal, upon the Service of this Order on Mr. Handley, their Clerk in Chancery:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Daniel Blake and other the Creditors and Legatees of the said Lord Lovelace may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Saturday the Tenth Day of this Instant February, at Eleven a Clock; and that the Service of this Order upon the Respondents Clerk in Chancery shall be good Service, in order thereunto.

D. of Devonshire's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting in Trustees certain Manors and Lands of Will'm Duke of Devonshire, and William (commonly called Marquis of Hartington,) to enable them to mortgage the same, for Payment of Debts; and, subject thereunto, to settle the same to the like Uses as the same are now settled."

E. of Kildare's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming an Agreement, made by certain Articles by and between John Earl of Kildare, Richard Lord Bellew, both of the Kingdom of Ireland, and Frances his Lady, Chariotte Countess of Newburgh, of the Kingdom of Scotland, and William Rowley Esquire; and for selling Part of the Estate of the said Earl of Kildare, for the Purposes therein mentioned."

The Question was put, "Whether this Bill 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 Robert Legard and Sir Richard Holford:

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

Griffin's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Trustees to make Leases of Part of the Manor of Dingley, and Lands there, for Payment of the Debts of James Griffin Esquire, and raising Portions for Younger Children."

The Question was put, "Whether this Bill 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 Robert Legard and Sir Richard Holford:

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

Ayres versus Viner & al.

Upon reading the Petition and Appeal of Francisca Ayres Widow, for Confirmation of a Decree made in the Court of Chancery, by the Master of the Rolls, the Sixteenth Day of February in the Fourteenth Year of His late Majesty King William the Third, on the Behalf of Anne Lloyd, against William and Charles Viner, which was afterwards signed and enrolled; and the Cause being re-heard, the Twentieth Day of April in the Second Year of Her present. Majesty, by the Lord Keeper, who was pleased to reverse the said Decree of the Master of the Rolls, and decreed the Matter of the said Anne Lloyd's Bill to stand absolutely dismissed; and praying, "That the said Reversal and Dismission may be reversed, and the former Decree in the Cause may be affirmed (the Petitioner being Executrix of Anne Lloyd, and in her Place):"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Viner and Charles Viner may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Monday the Twelfth Day of this Instant February, at Eleven a Clock.

Delays in Writs of Error, to prevent, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent Delays in Writs of Error in several Cases."

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, with some Amendments."

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Persons in new Offices, to exclude out of H. C. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for excluding out of the House of Commons all Persons in any Offices or Employments erected since the Sixth Day of February One Thousand Six Hundred Eightyfour, or to be erected."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be read the Second Time on Wednesday next, at Twelve a Clock; and all the Lords summoned.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for the effectual securing the kingdom of England from the apparent Dangers that may arise from several Acts lately passed in the Parliament of Scotland;" to which they desire the Concurrence of this House.

To secure England from Dangers arising from Acts in Scotland, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the effectual securing the Kingdom of England from the apparent Dangers that may arise from several Acts lately passed in the Parliament of Scotland."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for the effectual securing the Kingdom of England from the apparent Dangers that may arise from several Acts lately passed in the Parliament of Scotland," shall be read a Second Time To-morrow; and all the Lords summoned.

Causes removed.

ORDERED, That the Cause of Jones against James shall be heard on Saturday next; and that all the other Causes appointed to be heard shall be removed, to come on in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Sabbati, 24° Martii, 1704. Hitherto examined by us,

Gi. Sarum.
Ric. Petriburg.
Jo. Chichester.
Guilford.