House of Lords Journal Volume 18: 21 January 1706

Die Lunæ, 21 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day George Earl of Warrington, William Earl of Rochford, and Charles Lord Fitzwalter, 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. with a Bill.

A Message from the House of Commons, by Sir William Ashurst and others:

Who brought up a Bill, intituled, "An Act to empower Thomas Cary and George Hatley, of London, Merchants, to import the Remainder of a Quantity of French Wines from Copenhagen, contracted for before the First Day of January One Thousand Seven Hundred and Four;" to which they desire the Concurrence of this House.

Carey and Hatley's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower Thomas Cary and George Hatley, of London, Merchants, to import the Remainder of a Quantity of French Wines from Copenhagen, contracted for before the First Day of January One Thousand Seven Hundred and Four."

Ordered, That the said Bill be read a Second Time on Friday next, after Twelve a Clock.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for the Relief of Sir Stephen Evance Knight and Henry Cornish Esquire;" to which they desire the Concurrence of this House.

Sir S. Evance and Cornish's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Relief of Sir Stephen Evance Knight and Henry Cornish Esquire."

Seagrave versus Eustace.

Upon reading the Petition and Appeal of Francis Seagrave Esquire and Mary his Wife, from an Order or Decree made in the Court of Chancery in Ireland, on the Behalf of James Eustace Esquire, the Eighth Day of November One Thousand Seven Hundred and Four, and the subsequent Rules, Orders, and Proceedings thereupon; and praying "the same may be reversed; and that the Appellants may have an Order or Decree for the Payment of the Legacy of Four Hundred Pounds in the Petition mentioned and Interest; and that James Eustace may accompt for a Moiety of the Rents and Profits of the Lands devised by Alexander Eustace, and also of Lands purchased by Katherine Eustace; and that the Appellants may have Possession of One Moiety of the Lands and Personal Estate:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Eustace may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Eighteenth Day of February next: And it is further Ordered, That if the Appellants do not prosecute the said Appeal so as to be heard this Session, that then the bringing the said Appeal into this House shall not be any Stay to the Proceedings upon the said Decree; but that the same may be carried on to Execution.

Egerton & al. Leave for a Bill.

Upon reading the Petition of John Egerton, Elizabeth Egerton, Anne Pierrepoint, John Bowyer, John Reynolds, Elizabeth Hartopp, Peter Gelsthorp, Richard Quick, Anne Appleton, and Sir Roger Bradshaigh, and others, concerned in the Estate of Anne late Countess of Oxford, deceased; shewing, "That the Petitioners (amongst others) being entitled to the Estate of Anne late Countess of Oxford, deceased, in the several Counties of Essex, Suffolke, Gloucester, Kent, Surrey, Hertford, and the City of London, after the Death of Aubrey de Vere, late Earl of Oxford; and since his Death, the Petitioners have, by Consent, made a Partition of Part of the said Estate, which, by reason of Infancy, they are advised, must be confirmed by Act of Parliament; and praying Leave to bring in a Bill, to confirm the Partition agreed to by the Petitioners:"

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

Shrimpton versus Conway & al. Bill.

Upon reading the Petition of Philadelphia Shrimpton, Wife of Brigadier General Shrimpton; shewing, "That, by Indentures of Lease and Release, bearing Date the Tenth and Eleventh Days of December One Thousand Six Hundred Sixty-four, Sir Kenelme Digby Knight, and John Vincent and James Masters Esquires, his Trustees, for Four Thousand Pounds paid to Sir Kenelme Digby, by Mary Lumley Widow, Sir William Turner Knight, and Robert Garter, did grant and convey several Parcels of Land, in StokeDry, in the County of Rutland, unto Mary Lumley, Sir William Turner, and Robert Garter, and their Heirs, as a Security for the Payment of Four Thousand Pounds, and Interest; and, on Payment thereof at the Times in the Indentures of Lease and Release mentioned, the said mortgaged Premises to be reconveyed; and, by other Deeds, the Estate is come to the Petitioner, and on her Marriage settled; and that, her Husband being now in Her Majesty's Service beyond the Seas, the cannot take Care concerning the same; and that Sir John Conway and Richard Mostyn have brought in a Bill, for Sale of the said Estate, which the Petitioners have had in Possession Five and Thirty Years;" and praying, That the said Sir John Conway and Richard Mostyn may not be permitted to redeem the said Manor and Premises; but that the said Bill, as to the said Manor and Premises, may be discharged, and not further prosecuted, until her Husband's Return:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; who are to consider of the Subject-matter of the Allegations of the said Petition; and report their Opinion thereupon to this House, before they proceed on the said Bill.

Sir E. Sadleir's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Temple Dionisley, alias Dinsley, and other Lands, in the County of Hertford, for the Payment of the Debts of Sir Edwin Sadleir Baronet, and other Purposes."

Wilson versus Townsey.

Whereas To-morrow was appointed for the Lord Keeper to report what was offered, by Counsel, at the Bar of this House, the Eighth Instant, upon the Petition and Appeal of Thomas Wilson and others, and the Answer of Thomas Townley:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Report shall be made on Friday the First Day of February next, at Twelve a Clock.

Edwards's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Edwards Gentleman to sell certain Lands, in the County of Norfolke, for Payment of Debts."

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

Birkbeck versus Sperman.

Upon reading the Petition and Appeal of Catherick Birkbeck, and Edward Birkbeck, an Infant, by the said Catherick Birkbeck, his Father and Guardian, against a Decretal Order of the High Court of Chancery bearing Date the Eighteenth Day of December in the Third Year of Her present Majesty's Reign, made in a Cause there depending, between Gilbert Sperman and Margaret his Wife Complainants, and William Wilkinson and the said Appellants Defendants; and praying the Reversal of the said Decretal Order:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Gilbert Sperman and William Wilkinson may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Friday the Eighth Day of February next, at Eleven a Clock.

Owen's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for confirming an Agreement, made upon the Marriage of Charles Owen Esquire and Dorothy his Wife, of Nash, in the County of Pembroke," as fit to pass, without any Amendment.

Adjourn.

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