House of Lords Journal Volume 17: 12 February 1705

DIE Lunæ, 12 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Burlington's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of several Estates in England and Ireland, for Payment of the Debts of Charles late Earl of Burlington and Cork."

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 Monday the Nineteenth 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.

Pince's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of several Lands and Chattel-estates, in the County of Devon, and City and County of Exon, of Joseph Pince, for Payment of his Debts and Legacies charged upon his Estate; and for a Provision for himself, his Wife, and Family."

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

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

Wicks'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 Michael Wicks Esquire, late Receiver General of the Plantation Duties in the Port of London."

ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom the Earl of Burlington's Bill stands committed.

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

Sir Peter Tyrril's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to make some Alterations and Amendments in an Act of Parliament obtained the last Session, by Sir Peter Tyrrill and Thomas Tyrrill his Son, in order to enable them to sell several Lands, in Hanslopp and Castlethropp, in the County of Bucks, which were settled upon the Marriage of the said Thomas Tyrrill and Dorothy his Wife; and to settle other Lands in Lieu thereof."

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 Mr. Rogers and Mr. Hiccocks:

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

Messages from thence, with a Bill; and to return Lockhart'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 James Lockhart Esquire and his Wife to sell certain Lands, Tenements, and Hereditaments, in the County of Essex, late of Sir Thomas Luckin Baronet, deceased, for Payment of their Debts; and to purchase other Lands with the Overplus of the Money, to be settled to the like Uses;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

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

Who brought up a Bill, intituled, "An Act for the better Explanation of the Settlement of the Estate of William Trafford Gentleman and Clare his Wife, and William their Eldest Son; and for making more effectual a Provision for Younger Children, according to Agreements between them;" to which they desire the Concurrence of this House.

Scudamore's Bill.

The Lord Chandos reported from the Lords Committees, the Bill, intituled, "An Act for Sale of the Estate of Ambrose Scudamore Esquire, deceased, for Payment of the Mortgage-money and Debts thereupon; and placing out the Overplus-money to the Uses therein mentioned," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Ambrose Scudamore Esquire, deceased, for Payment of the Mortgage-money and Debts thereupon; and placing out the Overplusmoney to the Uses therein mentioned."

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

It was Resolved in the Affirmative.

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

Barons of the Exchequer to attend:

The House being informed, "That a Summons was sent to the Lord Halifax, a Peer of this Realm, dated the Tenth Instant, and signed Robert Price and John Smith, Barons of the Exchequer;" and upon reading the same:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Baron Price and Mr. Baron Smith do forthwith attend this House.

Ld. Halifax, Privilege:

The House being informed, "That a Summons was sent to the Lord Halifax, a Peer of this Realm, dated the Tenth Instant, and signed Robert Price and John Smith, Barons of the Exchequer;" and upon reading the same, and finding thereby it is at the Suit of John Danvers, to answer an English Bill in the Exchequer; and the House having declared the Service of the said Summons to be a Breach of Privilege of Parliament:

Danvers and Johnson to be attached.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy and Deputies, do forthwith attach the Bodies of the said John Danvers, and William Johnson Solicitor in Court, who served the said Summons upon the Lord Halifax, and bring them in Custody to this House; and this shall be a sufficient Warrant on that Behalf.

To the Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Justices of Peace, List.

Whereas, the last Session of Parliament, this House presented an humble Address to Her Majesty, relating to Justices of the Peace:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Keeper of the Great Seal of England do order to be laid before this House, on or before Friday next, at Eleven of the Clock, a List, in Writing, of what Justices of Peace in the several Counties have been put in or out, since the last Session of Parliament.

Chancellor Dutchy Lancaster, List Justices.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Chancellor of the Dutchy of Lancaster do, on or before Friday next, at Eleven a Clock, lay before this House, in Writing, a List of what Justices of Peace have been put in and out, since the last Session of Parliament, in the County Palatine of Lancaster.

Ld. Halifax, Privilege:

The House being informed, "That Mr. Eyre, One of the Clerks in the Exchequer, informed the Judges, That the Summons sent to the Lord Halifax was done by his Lordship's Consent; and that he was at the Door:"

Eyre attached and discharged.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mr. Eyre be forthwith taken into Custody.

Which being done, and the House informed thereof; he being called in, and heard at the Bar, he was ordered to be discharged.

Buck versus Rawlinson:

After hearing Counsel, upon the Petition and Appeal of Robert Buck, from Two Orders of Dismission made in the Court of Chancery, the Fifteenth Day of June One Thousand Seven Hundred and Three, and the Two and Twentieth Day of May last, on the Behalf of Sir Thomas Rawlinson and others, Partners in the Ship called The Royal James and Mary; and praying the Reversal of the said Orders: As also upon the Answer of Sir Thomas Rawlinson put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed.

Emendat. prout ordin, 14tum diem instant. Februarii.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Two Orders of Dismission complained of in the Appeal of Robert Buck shall be, and they are hereby, reversed; and the Parties may be at Liberty to bring their Appeal from the Court of Admiralty to a Court of Delegates.

Adjourn.

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