House of Lords Journal Volume 18: 21 February 1707

DIE Veneris, 21 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Beaufort's Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for discharging divers Manors and Lands of Henry Duke of Beaufort from the Portions of his Daughters and Younger Children by his present Dutchess; and for charging other Manors and Lands of the said Duke, of greater Value, with the like Portions."

Trustees Consent declared.

The House being informed, "That Samuel Sheppard and Clement Newsham, Trustees named in the Duke of Beaufort's Bill now depending in this House, being very sickly, and not able to stay in Town, to attend the Lords Committees to be appointed to consider of the said Bill:"

Whereupon they were called in; and the Lord Keeper, by Direction of the House, asked them, "Whether they were willing to be Trustees in the intended Act, and would take upon them the Trust?"

The said Sheppard and Newsham both declared, "They were willing and ready to accept the Trust mentioned in the Duke of Beaufort's Bill, if the same should pass into a Law."

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act to enable Thomas Clarke, an Insant, to make a Lease of a House in St. Mary Ax, in London, to Sir Jeffrey Jeffreyes Knight;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Gilbert Dolben and others:

Who brought up a Bill, intituled, "An Act for Sale of Part of the Estate of John Weedon, of Souldern, in the County of Oxon, Esquire, for Payment of his Father's Debts and Legacies, and Portions to his Younger Children; and for settling the rest of his Estate to the Uses of his Father's voluntary Settlement;" to which they desire the Concurrence of this House.

England et al. versus Johnson.

The House being moved, "That a Day may be appointed, for hearing the Appeal depending in this House, wherein John England and others, Creditors of the late Lord Lovelace, are Appellants, and Sir Henry Johnson and the Lady Wentworth Respondents:"

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 Tuesday the Fourth Day of March next, at Eleven a Clock in the Forenoon.

Maule's and Aldworth's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for empowering the Barons of the Court of Exchequer in Ireland to grant a Commission to some Persons in England, to administer to Thomas Maule Esquire, Remembrancer of the said Court, the usual Oaths for the due Execution of his Office; and to enable him to take the Oaths, and subscribe the Declaration, in the Court of Chancery in England, instead of those requisite to be taken and subscribed by the Laws of Ireland, in order to qualify him to execute the said Office."

Mrs. Jermyn versus Jermyn's Divorce Bill.

Upon reading the Petition of Sarah Jermyn, Wife of Stephen Jermyn the Younger; shewing, "That a Bill is now depending, for dissolving the Marriage of the Petitioner and her Husband, which Bill is before a Committee of the whole House;" and praying, "That she may be heard, by her Counsel, at the said Committee, against the said Bill; and that she may have an Order to summon Witnesses to attend:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by her Counsel, against the said Bill, on Monday next, at Eleven a Clock; and that the Petitioner shall have an Order for Witnesses; whereof the Petitioner is to cause Notice to be given to Stephen Jermyn.

Mrs. Jermyn's Witnesses to attend.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Houbland, Sir William Gore, Joshua Hatfield, John Masson, Edward Bundy, Cecelia Bundy, John Frost, Edward Briggs, Mary Cater, Elizabeth Slough, William Jones, John Hayes, Ethelbert Weller, John Harper, Thomas Bell, Richard Chilton, John Claydon, William Booth, Owen Swann, Bond, Mary Shirbourne, Jemimah Bird, Gabriel Hanks, William Webb, Benjamine Allen, Christopher Denman, Anne his Wife, Edward Walker, William Stafford, Hester Otty, and Elizabeth Savage, shall and they are hereby required to attend this House, as Witnesses, to be sworn, on the Behalf of Sarah Jermyn, on Tuesday the Five and Twentieth Day of this Instant February, at Eleven a Clock in the Forenoon.

Farmer, Leave for a Bill.

After reading, and Consideration of, the Report made by the Lord Chief Justice of Her Majesty's Court of Queen's Bench and the Lord Chief Justice of Her Majesty's Court of Common Pleas, upon the Petition of John Farmer and Katherine his Wife; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given to bring in a Bill, according to the Prayer of the said Petition.

Howe's Petition referred to Judges.

Upon reading the Petition of Alexander How, an Infant, by Frances How Widow, his Mother and Guardian; shewing, "That Thomas How Esquire, the Petitioner's late Uncle, was seised, in Fee Simple, of several Messuages and Hereditaments, in the Counties of Stafford and Suffolke; the Estate in the County of Stafford being One Hundred Sixty-three Pounds, Eighteen Shillings, per Annum, in Possession, and Seven and Forty Pounds per Annum, in Reversion, after One Life, and Eighteen Pounds per Annum more after Two Lives, and Six Pounds per Annum more after Two Lives, in all Two Hundred Twenty-Four Pounds and Eighteen Shillings per Annum; upon which Estate there is due, by Mortgage, at least, Three Thousand Eight Hundred Fifty-one Pounds; and the Estate in Suffolke of One Hundred and Twenty Pounds per Annum, upon which is due, by Mortgage, above Eighteen Hundred Pounds; and both the said Estates, if not speedily sold, by the Interest-money and Taxes will be eaten out; that the Right and Equity of Redemption of the Premises is descended on the Petitioner, as next Heir and Nephew to the said Thomas; but the Petitioner, being an Infant of the Age of Fourteen Years, cannot sell the same without the Aid of an Act of Parliament; and praying Leave to bring in a Bill, for vesting the Premises in Trustees, to be sold; and, with the Money arising by such Sale, in the First Place, to pay off the several Mortgages and Incumbrances; and the Overplus of the Money raised by such Sale, disposed for the Benefit of the Petitioner Alexander How:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Lord Chief Justice of Her Majesty's Court of Queen's Bench and the Lord Chief Justice of Her Majesty's Court of Common Pleas; 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.

E. Thomond's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Henry Earl of Thomond, an Infant, to make a Settlement of his Estate, upon his Marriage (notwithstanding his Infancy); and for other the Purposes in the said Act mentioned."

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 Saturday the Eighth Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Bishop of Oxford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual a Settlement made by William Lord Bishop of Oxford, for the Benefit of his Children."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees abovenamed.

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

Hide's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting a Mansion-house, and Lands thereunto adjoining, in the County of Middl'x, the Estate of William Hide Merchant, in Trustees, to be forthwith sold, for the better Maintenance and present Provision of his Children."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees abovenamed.

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

Darrell's Bill,

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of some Part of the Estate of Henry Darell Esquire, deceased, and leasing and mortgaging other Part thereof, to raise Money, to pay his Debts charged there upon, and for making Provision for his Widow and Younger Children."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees aforenamed.

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

King, Leave for a Bill.

After reading, and Consideration of, the Report made by Mr. Baron Bury and Mr. Baron Price, upon the Petition of Daniel King and Jane his Wife; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, according to the Prayer of the said Petition.

Caldecot's Report delivered.

The Lord Keeper acquainted the House, "That Mr. Baron Bury and Mr. Justice Dormer were ready to make their Report to this House, upon the Petition of Philip Caldecot, when the House will please to receive the same."

Which Report being delivered; it was agreed, and Ordered, That the same shall be read and considered To-morrow."

Articles of Union between England and Scotland.

The Order of the Nineteenth Instant, for the House to be put into a Committee, to proceed farther in the Consideration of the Articles of Union, and the Act ratifying and approving the Treaty, being read;

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Bishop of Salisbury reported, "That the Committee of the whole House had made some further Progress in the said Articles; and commanded him to move the House, to appoint another Time, to be put into a Committee again, to proceed further thereupon."

Ordered, That, on Monday the Four and Twentieth Day of this Instant February, at Twelve a Clock, this House shall be put into a Committee again, to proceed further in the Consideration of the said Articles, and the said Act ratifying and approving the said Treaty; and that all the Lords be summoned then to attend, and also the Judges.

Adjourn.

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