Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 13 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Peck & al. Petition, referred to Judges.
Upon reading the Petition of William Peck Esquire, Richard Butler Esquire, the Honourable Charles Egerton Esquire and the Honourable Elizabeth his Wife, the Honourable Anne Pierrepont Widow, the Honourable Dame Jane Bowyer Widow, Sir Roger Bradshaigh Baronet, and Anne Appletone Widow, John Reynolds Esquire, Robert King Esquire, Peter Gelsthorp and Elizabeth his Wife; shewing, "That the Petitioners, being severally entitled to several Parts of divers Freehold Manors, Lands, and Hereditaments, in the Counties of Suffolk, Kent, and Surrey, have, by several Writings under their Hands and Seals, agreed to divide the same, which has been done accordingly; but, by reason of the Disability of some of the Parties, the same is liable to be avoided;" and praying Leave, "That a Bill may be brought into this Honourable House, for confirming and establishing such Partition:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Baron of Her Majesty's Court of Exchequer and Mr. Justice Powell; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Consequences of the Bill have signed the Petition.
The Lord Bishop of Oxford reported from the Lords Committees, the Bill, intituled, "An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to compound with Benjamine Niccoll, Citizen and late Merchant of London, and his Sureties, for the Debt owing by him to Her Majesty," as fit to pass, without any Amendment.
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to compound with Benjamine Nicoll, Citizen and late Merchant of London, and his Sureties, for the Debt owing by him to Her Majesty."
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.
Message from H. C. with a Bill.
A Message from the House of Commons, by Mr. Forster and others:
Who brought up a Bill, intituled, "An Act for Sale of Part of the Estate of Wm. Potts, for discharging his Brothers and Sisters Portions, and his Debts; and for confirming his Marriage Settlement, as to the Residue of his Estate discharged of such Portions and Debts;" to which they desire the Concurrence of this House.
Lustring Company, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the better Encouragement of the Royal Lustring Company."
Eyton versus Eyton & al.
Whereas this Day was appointed, for hearing the Cause wherein David Eyton is Appellant, and John Eyton and others are Respondents:
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, To-morrow, at Eleven a Clock.
Sir J. Mead's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for Relief of Sir John Mead, of the Kingdom of Ireland, Knight and Baronet."
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 next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of William Fitch Esquire, lying in the County of Dorset, in Trustees, to be sold, for the Payment of his Sister's Portion, and other Debts; and for preserving the Residue free from all Power of Waste; and for settling certain Tithes in the Isle of Wight to the same Uses."
Annesley versus Dixon, in Error.
The Lord Chief Justice of Her Majesty's Court of Queen's Bench, in the usual Manner, brought up a Writ of Error; wherein Francis Annesley is Plaintiff, and Henry Dixon Defendant.
Vanden Enden, Nat. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Vanden-Enden Merchant."
Jermyn's Divorce, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dissolving the Marriage of Stephen Jermyn, now the only Son of Stephen Jermyn, of London, Merchant, with Sarab Bell; and to enable him to marry again."
Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday the Two and Twentieth Day of this Instant February, at Eleven a Clock.
The House was adjourned during Pleasure, to robe.
The House was resumed.
Her Majesty, being seated on Her Royal Throne, adorned with Her Crown and Regal Ornaments, attended with Her Officers of State (the Peers being in their Robes); commanded the Deputy Gentleman Usher of the Black Rod to signify to the House of Commons, That it is Her Majesty's Pleasure, they attend Her presently, in the House of Peers."
Who being come, with their Speaker; the Clerk of the Crown read the Titles of the Bills to be passed, as follow; (videlicet,)
"1. An Act for securing the Church of England, as by Law established."
"2. An Act for repealing a Clause in an Act, intituled, An Act for the better apprehending, prosecuting, and punishing Felons, that commit Burglaries, Housebreaking, or Robberies, in Shops, Ware-houses, Coach-houses, or Stables, or that steal Horses."
"3. An Act for regulating and ascertaining the Duties to be paid by the Unfreemen, Importers of Coals into the Port and Borough of Great Yarmouth, in the County of Norfolk."
To which said Bills the Clerk of the Parliaments pronounced the Royal Assent, severally, in these Words; (videlicet,)
"La Reyne le veult."
"4. An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to compound with Benjamine Niccoll, Citizen and late Merchant of London, and his Sureties, for the Debt owing by him to Her Majesty."
To this Bill the Clerk of the Parliaments pronounced the Royal Assent, in these Words; (videlicet,)
"Soit fait come il cst desiré."
Then Her Majesty was pleased to withdraw; and the Commons went to their House.
The House was adjourned during Pleasure, to robe.
The House was resumed.
L. C. J. Holt & al. Report, delivered.
The Lord Keeper acquainted the House, "That Mr. Justice Blencowe and Mr. Justice Gould were ready to make their Report to this House, upon the Petition of the Lord Chief Justice Holt and others referred to them, when the House will please to receive the same."
Which Report being delivered; it was agreed, and Ordered, That the same shall be read To-morrow, at Eleven a Clock.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.