Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 12 Februarii.
E. Burlington's Bill.
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.
Hodie 2a 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."
Hodie 2a 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."
Sir Peter Tyrril's Bill.
Hodie 3a 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."
Message to H. C. with it.
Messages from thence, with a Bill; and to return Lockhart's Bill.
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.
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.
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 3a 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."
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:
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.
Justices of Peace, List.
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.
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:
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.