House of Lords Journal Volume 16: 23 March 1700

DIE Sabbati, 23 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

John Earl of Bridgewater sat Speaker.

Gaols, for repairing and building, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Justices of Peace to build and repair Gaols in their respective Counties."

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 Robert Legard and Doctor Newton:

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

Message from thence, with Bills.

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

Who brought up a Bill, intituled, "An Act to repeal an Act, made in the Ninth Year of His Majesty's Reign, intituled, An Act for rendering the Laws more effectual for preventing the Importation of Foreign Bone Lace, Loom Lace, Needle-work, Point, and Cut-work, Three Months after the Prohibition of the Woollen Manufactures in Flanders shall be taken off;" to which they desire the Concurrence of this House.

Also, a Message from the House of Commons, by Mr. Mompesson and others:

Who brought up a Bill, intituled, "An Act to prevent Disputes that may arise, by Officers and Members of Corporations having neglected to sign the Association, and taking the Oaths, in due Time;" to which they desire the Concurrence of this House.

Members of Corporations not signing the Association, Bill to prevent Disputes about.

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent Disputes that may arise, by Officers and Members of Corporations having neglected to sign the Association, and taking the Oaths, in due Time."

Hore's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Charles Hore Esquire, for Payment of his Debts; and for settling other Part in Trust, for raising a Portion and Maintenance for Elizabeth (fn. 1) his only Daughter by his former Wife, and for a Provision for the Children by the said Mary."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Robert Legard and Doctor Newton:

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

Woollen Manufactures, Bread, &c. exported, Duties, on for taking off, Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for taking away the Duties upon the Woollen Manufactures, Corn, Grain, Bread, Biscuit, and Meal, exported."

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee had gone through the said Bill, with One Amendment."

Which was read Twice, and Agreed to.

Messages from H. C. with Bills; and to return Ly. Grandison's.

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

Who brought up a Bill, intituled, "An Act for the more effectual Punishment of Vagrants, and sending them whither by Law they ought to be sent;" to which they desire the Concurrence of this House.

Also a Message from the House of Commons, by Sir Robert Cotton and others:

Who brought up a Bill, intituled, "An Act for naturalizing John Bourges and others;" to which they desire the Concurrence of this House.

Also a Message was brought from the House of Commons, by Mr. Poultney and others:

To return the Bill, intituled, "An Act for settling the Estate of Katherine Fitzgerald Villiers; and raising of Money, for Payment of Debts, and better securing the Portions of her Five Younger Children by Edward Fitzgerald Villiers Esquire, her late Husband;" and to acquaint their Lordships, that they have agreed to the same, with One Amendment, whereunto they desire the Concurrence of this House.

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

Also, a Message from the House of Commons, by Mr. Blathwaite and others:

Who brought up a Bill, intituled, "An Act for the more effectual Suppression of Piracy;" to which they desire the Concurrence of this House.

Piracy, for Suppression of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual Suppression of Piracy."

Deye & al. versus Thwaytes:

After hearing Counsel, upon the Petition of John Deye and Frances his Wife, Dame Susan Bridgeman, Sarah Pauncefoote, Grimbold Pauncefoote Esquire, and Christopher Cratford Gentleman; shewing, "That, by Order of this House, of the Three and Twentieth of May, One Thousand Six Hundred Ninety-eight, James Thwaytes was allowed to have a Trial at Law, upon the same Issue as was tried in the Court of Exchequer; which hath not been yet had; whereby the Petitioner the Lady Bridgeman cannot have her Money, or assign her Mortgage, whilst the Pretence of the said Order hangs over it; and praying, that the Decree of the Exchequer founded on the Verdict of the former Trial may be affirmed:" And also after hearing Counsel for Josia Thwaytes, Son and Heir of James Thwaytes, an Infant, who made it appear "that the said James Thwaytes was, at the Time of making the said Order, in India, and died in his Return to England; and that there was a Deed of Appointment made by William Thwaytes, at his going to Sea, the One and Twentieth of August, One Thousand Six Hundred Seventy-nine;" which the Counsel for the Petitioners admitted; and that the Infant Josia Thwaytes should have the Benefit thereof:

Judgement.

Upon Consideration whereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Josia Thwaytes the Infant shall try the Cause before the End of Michaelmas Terme next, upon the former Issue; and shall be, and is hereby, allowed the Benefit of the said Deed of Appointment.

Sir M. Eustace's Pet. rejected.

Upon reading the Petition of Sir Maurice Eustace, offered to the House Yesterday, relating to the Judgement of this House, made the One and Twentieth Instant, on Behalf of James Caroll, in Cross Causes; and Consideration thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Sir Maurice Eustace shall be, and is hereby, rejected.

Sherrard versus Sherrard, Pet. dismissed.

Upon reading the Petition of Wm. Sherrard, on Behalf of Castle Sherrard Appellant in this House, to which John Castle Sherrard is Respondent; praying Time for entering into Recognizance for Costs, and further Time for hearing of the Cause:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, dismissed.

Adjourn.

Joh'es Comes Bridgewater, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) vicesimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.