House of Lords Journal Volume 16: 18 June 1701

DIE Mercurii, 18 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Guibert, Nat.

Upon reading the Petition of Philip Guibert; praying to be naturalized:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner may be added to the Naturalizing Bill depending in this House, as desired.

Appropriating £. 3,700. Weekly, from the Excise, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for appropriating Three Thousand Seven Hundred Pounds, Weekly, out of certain Branches of Excise, for public Uses; and for making a Provision for the Service of His Majesty's Household and Family, and other His necessary Occasions."

ORDERED, That the said Bill be read the Second Time on Friday next.

Lewis versus Yates.

Upon reading the Petition of Richard Lewis; shewing, That James Yates and his Wife brought their Appeal into this House; and that he hath put in his Answer; and that the Appellant hath not entered into Recognizance for Costs; and therefore praying, that the said Appeal may be dismissed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday, the Five and Twentieth Day of this Instant June; and that in the mean Time, the Appellant do enter into Recognizance for Costs, or otherwise the Appeal shall be dismissed.

Justices of Peace, for qualifying, Bill;

Hodie 2^a vice lecta est Billa, intituled, "An Act for qualifying Justices of the Peace."

It being moved, "Not to commit this Bill;" and Debate thereupon:

Rejected.

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

Then the Question was put, "Whether this Bill shall be rejected?"

It was Resolved in the Affirmative.

E. Orford's Trial appointed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to the Trial of Edward Earl of Orford, on Monday the Three and Twentieth Day of this Instant June, at Ten of the Clock in the Forenoon, in Westminster Hall.

Message to H. C. with Notice of it.

A Message was sent to the House of Commons, by Sir John Francklyn and Dr. Edisbury:

To acquaint them, "That this House hath appointed Monday the Three and Twentieth Day of this Instant June, for the Trial of Edward Earl of Orford, in Westminster Hall, at Ten a Clock."

Bigg's Bill:

The Lord Lawarr reported from the Lords Committees, the Bill, intituled, "An Act to enable Richard Bigg to charge Part of his Estate, in the County of Hertford, with the Payment of his Debts," 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 Richard Bigg to charge Part of his Estate, in the County of Hertford, with the Payment of his Debts."

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 John Francklyn and Dr. Edisbury:

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

Protestations entered Yesterday expunged.

The House being moved, "To read the Two Protestations entered Yesterday:"

The First Protestation was read.

After Debate;

ORDERED, That all the Reasons shall be expunged.

Then the Second Protestation was read.

After Debate thereupon;

ORDERED, That all the Reasons shall be expunged.

The Messengers sent to the House of Commons return, and say, "That the Commons are adjourned to Friday next."

Nouricier & al. Nat.

Upon reading the Petition of Olivier Le Nouricier and others; praying to be naturalized:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners may be added to a Bill of Naturalization depending in this House, as desired.

Messages from H. C. with a Bill; and to return Bagneol & al. Nat. Bill.

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

With a Bill, intituled, "An Act for appointing Commissioners, to take, state, and examine, the several and respective Accompts therein mentioned;" to which they desire the Concurrence of this House.

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

A Message was brought from the House of Commons, by the Lord William Pawlet and others:

To return the Bill, intituled, "An Act for naturalizing Peter Bagneol, Daniel Senault, and others;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire the Concurrence of this House.

Yate versus Fettiplace:

After hearing Counsel, upon the Petition and Appeal of William Yate Esquire, against Part of a Decretal Order made in the Court of Chancery, the Thirtieth Day of October, in the Eleventh Year of His present Majesty's Reign, and against Part of an Order made the One and Thirtieth Day of January last, and an Order of Dismission of the Fourteenth Day of March last, in certain Causes, wherein the now Appellant was Plaintiff, against Sir Edmund Fettiplace Baronet, Charles Fettiplace Esquire, and Rowland Lacy Esquire, an Infant, Son and Heir of Sir Rowland Lacy deceased, by the said Sir Edmund Fettiplace his Guardian, Defendants; and wherein the said Sir Edmund Fettiplace, Charles Fettiplace, and Rowland Lacy, were Plaintiffs, against the now Appellant, Defendant; and wherein Elizabeth Silvester and Edward Keeble, Creditors of the said Sir Rowland Lacy, were Plaintiffs, against the said Sir Edmund Fettiplace, Rowland Lacy, and the now Appellant, Defendants; and praying, "That the said Decree and Orders may be considered, and the Petitioner relieved:" As also upon the Answer of Sir Edmund Fettiplace, Charles Fettiplace Esquire, Rowland Lacy, an Infant under the Age of One and Twenty Years, by the said Sir Edmund Fettiplace his next Friend and Guardian, Elizabeth Silvester, and Edward Keeble, put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of William Yate Esquire shall be, and is hereby, dismissed this House; and that the Decrees and Orders therein complained of shall be, and they are hereby, affirmed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) decimum nonum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.