House of Lords Journal Volume 17: 7 March 1705

DIE Mercurii, 7 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Frauds by Bankrupts, to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent Frauds frequently committed by Bankrupts."

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.

Act to prevent Growth of Popery, Bill to explain:

Hodie 3^a vice lecta est Billa, intituled, "An Act for explaining and better Execution of an Act, intituled, An Act for the further preventing the Growth of Popery."

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.

Low Wines, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing Duties upon Low Wines, and upon Coffee, Tea, Chocolate, Spices, and Pictures; and upon Hawkers, Pedlars, and Petty Chapmen, and upon Muslins; and for granting new Duties upon several of the said Commodities; and also upon Callicoes, China Ware, and Drugs."

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

It was Resolved in the Affirmative.

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

Lord Dursley summoned to Parliament:

The Lord Treasurer acquainted the House, from Her Majesty, "That, in Consideration of the many Services done by the Lord Dursley, Son of the Earl of Berkeley, Her Majesty is pleased to call him to this House, by Writ."

Introduced:

Then, James Berkeley de Berkeley, Chevalier, was introduced, in his Robes, between the Lord Wharton and the Lord Halifax; the Lord Great Chamberlain, the Deputy Gentleman Usher of the Black Rod, and Garter King at Arms, preceding.

He delivered his Writ to the Lord Keeper on his Knee; which was afterwards read by the Clerk at the Table.

Then his Lordship was seated on the Barons Bench, in his Father's Barony, next below the Lord Lawarr.

The Writ follows; (videlicet,)

His Writ of Summons.

"ANNA, Dei Gratia, Angl. Scotiæ, Franciæ, et Hib'niæ Regina, Fidei Defensor, &c. Prædilecto et FideliNostro Jacobo Berkeley de Berkeley, Chevalier, Salutem. Cum Parliamentum Nostrum, pro arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Angl. et Ecclesiæ Anglicanæ concernen. apud Civitatem Nostram Westm. nunc congregat. existit; vobis, sub Fide et Ligeantia quibus Nobis tenemini, sirmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis incumbentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus, super dictis Negotiis tractatur. vestrumque Consilium impensur. Et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Desensionem Regni et Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

Teste Meipsa, apud Westm. Quinto Die Martii, Anno Regni Nostri Tertio.

Wrighte.

Then his Lordship came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Message from H. C. for a Conference, concerning the Proceedings about the Ailsbury Men.

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

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

Then the Messengers were called in; and told, "That the Lords agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

The Commons being come to the Conference, the Managers Names of the last Conference were read.

Whereupon, the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Earl of Sunderland reported, "That they had attended the Conference; which was managed by Mr. Bromley, Mr. St. John and others."

And his Lordship reported what was offered, by the Commons at the Conference.

Message to H. C. for a Free Conference on the Subject.

Then, a Message was sent to the House of Commons, by Sir Richard Holford and Mr. Pitt:

To desire a present Free Conference, in the Painted Chamber, upon the Subject-matter, of the last Conference.

Message from thence, for a Conference on the Bill, to prevent Traiterous Correspondence.

A Message was brought from the House of Commons, by the Lord William Powlett and others:

To desire a Conference with this House, upon the Subject-matter of the Amendment made by their Lordships to the Bill, intituled, "An Act to prevent all traiterous Correspondence with Her Majesty's Enemies."

To which the House agreed.

Answer.

And the Messengers, being called in, were told; "That the Lords agree to a Conference, as desired; and appoint it at Three a Clock this Afternoon, in the Painted Chamber."

The Commons being come to the Conference, the House named the Lords following to be Managers thereof; (videlicet,)

Then the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Earl of Stamford reported what was offered, by the Commons, at the Conference, for their disagreeing to their Lordships Amendment made to the said Bill.

Then it was proposed, "To agree with the Commons, in not insisting on the said Amendment."

After Debate;

The Question was put, "Whether this House shall agree with the House of Commons, in leaving out the Word ["Lead"]?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords do not insist on their Amendment to the Bill.

A Message was sent to the House of Commons, by Sir Rich'd Holford and Mr. Pitt:

To acquaint them, that the Lords do not insist on their Amendment made to the Bill, intituled, "An Act to prevent all traiterous Correspondence with Her Majesty's Enemies."

Answer from thence, about a Free Conference.

The Messengers sent to the House of Commons to desire a Free Conference return Answer:

That the Commons will consider of the Message, and send an Answer by Messengers of their own.

Committee to prepare an Address for Warrants for Writs of Error, for the Ailsbury Men, and to lay a State of the Case with regard to them before the Queen.

Then it was proposed, "To make some Application to the Queen, that Her Majesty will be pleased to grant Warrants, for Writs of Error to John Paty and John Oviat, who had petitioned Her Majesty for the same."

After Debate;

The Question was put, "Whether a Committee shall be appointed, to draw up the State of the Proceedings, in relation to the Five Ailesbury Men, (videlicet,) Daniel Horne, Henry Bass, John Paton Junior, John Paty, and John Oviat; and an humble Address to Her Majesty, to grant Warrants for Writs of Error to the said John Paty and John Oviat, who had petitioned Her Majesty for the same?"

It was Resolved in the Affirmative.

Amended per Ord. 10 instant. Martii.

Lords Committees appointed to draw up the State of what Proceedings [ (fn. 1) have been in this House, or at Conferences with the House of Commons,] in relation to the Five Ailesbury Men, (videlicet,) Daniel Horne, Henry Bass, John Paton Junior, John Paty, and John Oviat; and an humble Address, to be presented to Her Majesty, "That She will be pleased to grant the Petitions of Two of the Ailesbury Men, (videlicet,) John Paty and John Oviat, and to grant them Her Majesty's Warrant for authorizing the Curstor to make their Writs of Error as is usual in such Cases;" and report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, octavum diem instantis Martii, hora duodecima, Dominis sic decernentibus.