House of Lords Journal Volume 17: 5 February 1704

DIE Sabbati, 5 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Legh's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of Thomas Legh, late of Ridge, in the County of Chester, Esquire, deceased, in Trustees, for the Payment of his Debts, perfecting his Purchases, and better effecting the Purposes in his Will."

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 Nineteenth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Holden's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of some Part of the Estate of John Holden Gentleman and Robert Holden his Son, for Payment of their Debts, and for disposing Younger Children Apprentices."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees above-named; who are to meet at the same Time and Place.

Holworthy's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Manors and Lands of Mathew Holworthy Esquire in Trustees, to be sold; and purchasing other Manors or Lands of equal Value, and limiting the Manors or Lands to be purchased to the same Uses as the Lands to be sold are limited."

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 Richard Holford and Mr. Pitt:

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

Mrs. Packer's Bill:

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for making some Provision for, and settling the Fortune of, Anne Packer, in Trustees, for the Purposes therein mentioned," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Mr. Packer to be heard against it.

Upon reading the Petition of Philip Packer Esquire; shewing, "That he, having contracted and solemnized Marriage with Anne Ash, is thereby become entitled to her whole Personal Estate, and is by Law invested with the Care and Government of her Person; and that a Bill is now depending, intituled, "An Act for making some Provision for, and settling the Fortune of, Anne Packer, in Trustees, for the Purposes therein mentioned;" which, if passed into an Act, would divest him of the Care of her Person and Estate;" and praying he may be heard, by his Counsel, at the Bar, before the said Bill do pass:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Philip Packer shall be heard, by his Counsel, at the Bar of this House, on Wednesday the Ninth Day of this Instant February, at Twelve a Clock; as also Counsel for the Bill, if they think fit, before the Third Reading of the said Bill.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for repairing the Highways between Royston and Caxton, in the County of Cambridge; and for the better enforcing the repairing the Highway from Birdlip, and the Top of Crickly Hill, in the County of Gloucester, to the City of Gloucester;" to which they desire the Concurrence of this House.

Royston and Caxton Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Highways between Royston and Caxton, in the County of Cambridge; and for the better enforcing the repairing the Highway from Birdlip, and the Top of Crickly Hill, in the County of Gloucester, to the City of Gloucester."

ORDERED, That the said Bill be read a Second Time on Friday next

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for enlarging the Term of Years granted by an Act, passed in the Session of Parliament held in the Eleventh and Twelfth Year of the Reign of King William the Third, for the Repair of Dover Harbour;" to which they desire the Concurrence of this House.

Dover Harbour Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term of Years granted by an Act, passed in the Session of Parliament held in the Eleventh and Twelfth Year of the Reign of King William the Third, for the Repair of Dover Harbour."

E. of Warwick's Bill.

The Earl of Manchester reported from the Lords Committees, the Bill, intituled, "An Act to enable the Guardian of the Earl of Warwicke and Holland, during his Minority, to make Leases of several Messuages in or near West Smithfield," as fit to pass, with One Amendment.

Which was read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Guardian of the Earl of Warwicke and Holland, during his Minority, to make Leases of several Messuages in or near West-Smithfield."

The Question was put, "Whether this Bill, with the Amendment, 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 Richard Holford and Mr. Pitt:

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

E. of Bath's Bill.

The House being informed, by the Earl of Rochester, from the Lords Committees appointed to consider of the Bill, intituled, "An Act for enabling Trustees to lease the Estate of William Henry Earl of Bathe, during his Minority; and the Money raised thereby, to be applied for Payment of Debts, Annuities, and Legacies: That he was ready to make a Report of their Lordships Proceedings upon the said Bill."

Then, the House being informed, "That the Earl Montagu thought himself concerned in the Bill, or some Part thereof; and desired to be heard, by his Counsel, before the Bill be reported:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl Montagu shall be heard, by his Counsel, as desired, on Thursday the Tenth Day of this Instant February, at Ten a Clock in the Forenoon; as also Counsel for the Bill, if thought fit.

Fermor's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for setting aside a voluntary Settlement, made by Mary Fermor Widow; and for ratifying a Partition made of the Manors of Mersham and Pett, and divers Lands in the County of Sussex, between her and Bartholomow Walmesley Esquire, and others."

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 Richard Holford and Mr. Pitt:

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

Lamplugh's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the Estate of Doctor Thomas Lamplugh deceased, pursuant to his Marriage Articles and Settlement prepared for that Purpose; and for Provision for his Younger Children."

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 Richard Holford and Mr. Pitt:

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

Baesh versus Moore.

Whereas Tuesday the Eighth Day of this Instant February was appointed, for hearing the Cause wherein Sir Edward Baesh and his Wife are Appellants, and John Moore, Mary his Wife, and Richard Hinde are Respondents:

The House being moved, by the Consent of all Parties, That a further Day may be allowed for Richard Hinde to answer, and for hearing the Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Hinde hath hereby Time allowed him for answering to the said Appeal, on Thursday the Tenth Instant, at Eleven a Clock in the Forenoon; and that this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Seventeenth Day of this Instant February, at Ten a Clock in the Forenoon.

Hundred of Staincliff versus Willan, in Error.

The House being informed, "That the Lord Chief Justice attended with a Writ of Error," he was called in, and, in the usual Manner, brought in a Writ of Error, with a Transcript of the Record; wherein,

The Inhabitants of the Hundred of Staincliffe are Plaintiffs,

against

Thomas Willan Defendant.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Mercurii, 5° die Aprilis, 1704, hitherto examined by us,

Stamford.
Sunderland.
Pagett.
Somers.
Halifax.