House of Lords Journal Volume 17: 22 February 1705

DIE Jovis, 22 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Papers delivered by Commissioners Army Debts.

The Commissioners appointed to state the Debts due to the Army and Transport Service, pursuant to the Order of the Seventeenth Instant, delivered, at the Bar, Three Papers; the Titles wereof were read, as follow; (videlicet,)

1. "Februarii 1704/5, An Account of the Proceedings of the late Commissioners, appointed and continued by several Acts, to take, examine, and determine, the Debts due to the Army, and for Transport Service, &c."

2. "An Abstract of the Certificates and Debentures made forth to the late Paymaster of Her Majesty's Forces, by the Commissioners appointed to take, examine, and determine, the Debts due to the Army, &c. since the last Account thereof laid before this Honourable House; with a Distinction of the Deduction of Poundage, during the whole Time of the respective Accompts."

3. "An Account of the Regiments whereof the Arrears due to the Non-commissioned Officers and Soldiers are certified, with the Names of the Persons to whom the same were made payable."

As also, "An Account of the Regiments, &c. whereof the Arrears due to the Non-commissioned Officers and Soldiers are not certified."

Low Wines, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing Duties upon Low Wines, and upon Coffee, Tea, Chocolate, Spices, and Pictures, and upon Hawkers, Pedlars, and Petty Chapmen, and upon Muslins; and for granting new Duties upon several of the said Commodities, and also upon Callicoes, China Ware, and Drugs."

Trafford's Bill.

Hodie 3^a vice lecta est Billa, 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."

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.

Messages from H. C. with a Bill; and to return the following ones;

A Message from the House of Commons, by Sir Mathew Dudley and others:

Who brought up a Bill, intituled, "An Act for making perpetual an Act for the more easy Recovery of Small Tithes; also an Act for the more easy obtaining Partition of Lands of Co-parcenary, Jointtenancy, and Tenancy in Common; and also for making perpetual and amending several Acts relating to the Return of Jurors;" to which they desire the Concurrence of this House.

Griffin's Bill;

A Message was brought from the House of Commons, by Sir Robert Davers and others:

To return the Bill, 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;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Then the said Amendments, being read Thrice, were agreed to; and ORDERED, That the Commons have Notice thereof.

Girardot & al. Nat. Bill.

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

To return the Bill, intituled, "An Act to naturalize Andrew Girardot, alias Devermenoux, Francis Buzelin, and others;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Then the Amendments were read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Sir Geo. Warburton's Bill;

A Message was brought from the House of Commons, by Sir John Mordant and others:

To return the Bill, intituled, "An Act to enable Sir George Warburton Baronet to sell the Manor or Lordship of Pulford, in the County of Chester, to perform an Agreement made upon his Marriage, for Payment of several Portions charged upon his Estate, and also to pay some Debts which his Father had Power to charge;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

and Coke's Bill.

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

To return the Bill, intituled, "An Act for the Confirmation of an Agreement made between Thomas late Lord Bishop of Carlisle and Thomas Coke Esquire, for vesting the Rectory of Melborn, in the County of Derby, in the said Thomas Coke and his Heirs upon Augmentation of the Rents to the Bishopric of Carlisle, and of the Stipend to the Vicar of Melborne;" and to acquaint this House, that they have agreed to the same, with an Amendment, whereunto they desire their Lordships Concurrence.

Which Amendment was read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Kenyon's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Thomas Kenyon, Executor of Luke Lloyd Esquire, as he was One of the Sureties of Morgan Whitley Esquire, late Receiver General for the Counties of Chester and North Wales," as fit to pass, without any Amendment.

Lenthall's Bill.

His Lordship also reported from the Lords Committees the Bill, intituled, "An Act for vesting the Equity of Redemption of the Manor and Capital Messuage of Latchford, with the Appurtenances, and divers Freehold Messuages, Farms, and Lands, in Latchford and Hasely, in the County of Oxon, late the Estate of William Lenthall Esquire, deceased, in Trustees, to be sold, for discharging of Incumbrances thereupon," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Equity of Redemption of the Manor and Capital Messuage of Latchford, with the Appurtenances, and divers Freehold Messuages, Farms, and Lands, in Latchford and Hasely, in the County of Oxon, late the Estate of William Lenthall Esquire, deceased, in Trustees, to be sold, for discharging of Incumbrances thereupon."

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.

Pince's Bill.

Hodie 3^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."

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.

List of Justices of Peace, Report about:

The Duke of Somerset reported from the Lords Committees appointed to consider of the Lists of Justices of the Peace delivered into this House the last Session of Parliament and this Session, as follows; (videlicet,)

"That, on Perusal of the Lists of Justices referred to their Lordships, the Committee do find, that several Persons of Quality and Estates, and of known Affections to Her Majesty's Government, that were left out of the Commission of Peace in the Year 1700, have not been restored; and that there (fn. 1) remain several Persons in the Commission who are not so qualified."

Address about them.

ORDERED, That an humble Address be made to Her Majesty, to represent, "That this House do find, that several Persons of Quality and Estates, and of known Affections to Her Majesty's Government, that were left out of the Commissions of the Peace since the Year One Thousand Seven Hundred, have not been restored; and that there (fn. 1) remain several Persons in the Commissions that are not so qualified; and humbly to desire Her Majesty to give speedy and effectual Orders therein:" And that the same Committee do sit presently, to draw the said Address; and report to the House.

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 a further Subsidy on Wines and Merchandizes imported;" to which they desire the Concurrence of this House.

Cavendish's Bill.

The Earl of Rochester reported from the Lords Committees the Bill, intituled, "An Act to enable William Cavendish Esquire to make a Settlement in Jointure upon any Wife he shall marry, and for the better raising the Portions charged upon his Estate," 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 William Cavendish Esquire to make a Settlement in Jointure upon any Wife he shall marry, and for the better raising the Portions charged upon his Estate."

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 Mr. Rogers:

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

Irish Linen, Bill.

Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act to permit the Exportation of Irish Linen Cloth to the Plantations, and to prohibit the Importation of Scotch Linen into Ireland:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee thereupon, on Monday next, at Twelve a Clock.

Report of Address concerning Justices of Peace:

The Duke of Somerset reported from the Lords Committees, the Address drawn by them.

Which was read, and agreed to, as followeth: (videlicet,)

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, having, by our humble Address presented to Your Majesty the One and Thirtieth of March last, humbly besought Your Majesty, to order the Commissions of the Peace to be reviewed; we now crave Leave humbly to represent to Your Majesty, That, upon Perusal of the Lists of Justices laid before this House, we do find that several Persons of Quality and Estates, and of known Affection to Your Majesty's Government, that have been of late Years left out of the Commissions of the Peace, have not been yet restored; and that there remain several Persons in the Commissions that are not so qualified.

"And we do most humbly beseech Your Majesty to take the same into Your Consideration, and to give speedy and effectual Orders therein."

D. of Somerset to attend the Queen with it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Duke of Somerset do attend Her Majesty, with the Address agreed to this Day.

Adjourn.

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