House of Lords Journal Volume 18: 27 March 1708

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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'House of Lords Journal Volume 18: 27 March 1708', in Journal of the House of Lords: Volume 18, 1705-1709, (London, 1767-1830) pp. 554-556. British History Online https://www.british-history.ac.uk/lords-jrnl/vol18/pp554-556 [accessed 19 March 2024]

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In this section

DIE Sabbati, 27 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Bangor.
Epus. Carliol.
Epus. Landaven.
Epus. Cestr.
Epus. Norwic.
Ds. Cancellarius.
Comes Pembroke, Præses.
Dux Richmond.
Dux Ormonde.
Dux Shrewsbury.
Dux Buckingham.
Dux Montrose.
March. Dorchester.
March. Tweeddale.
Comes Derby.
Comes Lincolne.
Comes Northampton.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Essex.
Comes Anglesey.
Comes Berkeley.
Comes Rochester.
Comes Plimouth.
Comes Warrington.
Comes Greenwich.
Comes Wharton.
Comes Cholmondeley.
Comes Sutherland.
Comes Mar.
Comes Loudoun.
Comes Seafield.
Comes Stair.
Viscount Townshend.
Viscount Weymouth.
Ds. North & Grey.
Ds. Lovelace.
Ds. Mohun.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.

PRAYERS.

Court of Exchequer in North Britain, Establishment, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for settling and establishing a Court of Exchequer in the North Part of Great Britain, called Scotland."

Then a Rider was offered, to be added to the Bill.

Which was read Thrice, and agreed to.

The Question was put, "Whether this Bill, with the Rider, shall pass?"

It was Resolved in the Affirmative.

Message to M. C. with it.

A Message from the House of Commons, by Mr. Hiccocks and Mr. Medlycott:

To carry down the said Bill, and desire their Concurrence thereunto.

Message from thence, to return the Foreign Coins in America, Bill.

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

To return the Bill, intituled, "An Act for ascertaining the Rates of Foreign Coins in Her Majesty's Plantations in America;" and to acquaint this House, they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

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

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to enable Sir William Windham, of Orchard Windham, in the County of Somerset, Baronet, to make a Marriage Settlement, and for other Purposes therein mentioned, during his Minority;" to which they desire the Concurrence of this House.

Sir W. Wyndham's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Sir Will'm Windham, of Orchard Windham, in the County of Somerset, Baronet, to make a Marriage Settlement, and for other Purposes therein mentioned, during his Minority."

Upon the First Reading of the Bill, intituled, "An Act to enable Sir William Windham, of Orchard Windham, in the County of Somerset, Baronet, to make a Marriage Settlement, and for other Purposes therein mentioned, during his Minority:"

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

Messages from H. C. to return Sir R. Milbank's Bill; and Cheek's Bill.

A Message was brought from the House of Commons, by Sir William Hustler and others:

To return the Bill, intituled, "An Act to enable Sir Ralph Milbanke Baronet to make a Jointure and Settlement upon such Woman as he shall marry;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

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

To return the Bill, intituled, "An Act to vest the Estate late of Edward Cheeke Esquire, deceased, in Somersetshire, remaining unsold at his Death, in Trustees, to be sold, to satisfy the Demands of the Lady Russel his Mother, and Essex Cheeke his Sister; and to vest the Remainder of the Monies arising by Sale of the said Estate in the Purchase of other Lands, to be settled on Edward Cheeke an Infant, and his Heirs;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Cochineal Importation Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for the Importation of Cochineal from any Ports in Spain during the present War, and Six Months longer."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Spanish Merchants to be heard concerning it.

Upon reading the Petition of several Merchants, in Behalf of themselves and others, trading to Spain; praying to be heard, by themselves or Counsel, before the passing of the Bill, intituled, "An Act for the Importation of Cochineal from any Ports in Spain during the present War, and Six Months longer:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, according to the Prayer of their Petition, on Monday next, at Twelve a Clock, before the Committee to whom the said Bill stands committed.

Return of Scotch Peers to sit in the Parliament of Great Britain, Bill:

The House proceeded to take into Consideration, the Amendments made by the House of Commons, to the Bill, intituled, "An Act to make further Provision for electing and summoning Sixteen Peers of Scotland to sit in the House of Peers in the Parliament of Great Britain; and for trying Peers for Offences committed in Scotland."

Which were read Thrice, and agreed to.

Then a Proviso being offered, and read, was agreed to be added to the Commons Amendments.

Message to H. C. with an Amendment to their Amendments to it.

A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Medlycott:

To return the said Bill; and to acquaint them, that the Lords have agreed to their Amendments made to the said Bill, with an Amendment, whereunto they desire their Concurrence.

Ecclesiastical Living, First Fruits, &c. Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enlarge the Time for returning the Certificates of all Ecclesiastical Livings not exceeding the Yearly Value of Fifty Pounds, as also for discharging all Livings of that Value from the Payment of First Fruits; and for allowing Time to Archbishops and Bishops, and other Dignitaries, for Payment of their First Fruits."

After some Time spent therein, the House was resumed.

And the Lord Bishop of Salisbury reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act to enlarge the Time for returning the Certificates of all Ecclesiastical Livings not exceeding the Yearly Value of Fifty Pounds, as also for discharging all Livings of that Value from the Payment of First Fruits; and for allowing Time to Archbishops and Bishops, and other Dignitaries, for Payment of their First Fruits."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Ordered, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

E. of Roseberie versus Sir J. Inglis.

The Earl of Rochester reported from the Lords Committees, appointed to consider of the Petition of Sir John Inglis, as follows:

"That it is the Opinion of the Committee, That the Respondents, in this and all other Cases of Appeals from Scotland, do put in their Answers, as Respondents do in Cases of Appeals from the Courts in England, within the Time appointed by the House; and that the Clerk Register and his Deputies the Principal Clerks of Session shall give authentic Copies of the Proofs and Extracts of the Proceedings, to either Party that shall require them, at his proper Charge, to be made Use of at the Bar of the House; and that Sir John Inglis have a further Time to answer the Earl of Roseberie's Petition accordingly."

To which Report the House agreed.

Method of putting in Answers to Appeals from Scotland.

Upon Report from the Lords Committees appointed to consider the Motion made on the Behalf of the Earl of Roseberie, for a peremptory Day for Sir John Inglis to put in an Answer to his Appeal; as also to consider of the said Sir John Inglis's Petition, relating to that Matter:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondent Sir John Inglis and all other Respondents to Appeals from Scotland do put in their Answers, as Respondents do in Cases of Appeals from the Courts in England, within the Time appointed by the House; and that the Clerk Register and his Deputies the Principal Clerks of Session shall give authentic Copies of the Proofs and Extracts of the Proceedings, to either Party that shall require them, at his proper Charge, to be made Use of at the Bar of this House: And it is further Ordered, That Sir John Inglis hath hereby further Time allowed him, for answering to the Appeal of the Earl of Roseberie, until Tuesday the Twentieth Day of April next, at Eleven a Clock.

May versus Calthorpe & al.

Upon reading the Answer of Reynolds Cathorpe Esquire and Samuel Batteley Gentleman, to the Petition of Edward May, of the City of Dublin, Esquire, presented to this House the Eighteenth of March Instant:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Edward May shall be, and is hereby, rejected.

Repeal of a Clause relating to Waggoners, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to repeal a Clause in an Act of the Seventh Year of the Reign of His late Majesty, (for amending and repairing the Highways) which enjoins Waggoners and others to draw with a Pole between the Wheel Horses, or with Double Shafts; and to oblige them to draw only with Six Horses, or other Beasts, except up Hills."

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 Mr. Hiccocks and Mr. Medlycott:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.