DIE Jovis, 28 Februarii
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Ebor.
Epus. Dunel. & Crewe.
Epus. Sarum.
Epus. Hereford.
Epus. Cestr.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petriburg.
Epus. Cicestr.
Epus. Bangor.
Epus. Carliol.
Epus. Asaph.
Epus. Lincoln. |
Ds. Custos Magni Sigilli.
Comes Pembroke, Præses.
Dux Devonshire, Senescallus.
Dux Richmond.
Dux Southampton.
Dux Ormonde.
Dux Northumberland.
Comes Lindsey, Magnus Camerarius.
Comes Derby.
Comes Leicester.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Essex.
Comes Anglesey.
Comes Nottingham.
Comes Rochester.
Comes Holdernesse.
Comes Bradford.
Comes Jersey.
Comes Greenwich.
Viscount Townshend. |
Ds. Bergevenny.
Ds. Berkeley Ber.
Ds. Fitzwalter.
Ds. Wharton.
Ds. North & Grey.
Ds. Grey W.
Ds. Poulett.
Ds. Howard Esc.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Osborne.
Ds. Ossulstone.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Sommers.
Ds. Holifax.
Ds. Granville.
Ds. Gernsey.
Ds. Hervey. |
PRAYERS.
Charities on Briefs, Bill.
The Earl of Kingston reported from the Lords Committees, the Bill, intituled, "An Act for the better
collecting Charity-money on Briefs by Letters Patents,
and preventing Abuses in relation to such Charities,"
as fit to pass, without any Amendment.
Hodie 3a
vice lecta est Billa, intituled, "An Act for
the better collecting Charity-money on Briefs by Letters Patents, and preventing Abuses in relation to
such Charities."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
ORDERED, The Commons have Notice, that the
Lords have agreed to the said Bill, without any Amendment.
Lancashire Petition, versus Papists.
Upon reading the Petition of the Gentry and Clergy
of the South Parts of Lancashire, at their Monthly
Meeting, February 12th 1705, in the Borough of Wigan, for suppressing Prosaneness and Immorality, pursuant to Her Majesty's Gracious Proclamation, and by
and with the Bishop of Chester our Diocesan's Allowance, offered jointly and unanimously to the Right Honourable the Lords Spiritual and Temporal in Parliament assembled:
Bill against the Growth of Popery, Judges to prepare.
It is thereupon ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the Judges do
prepare, and bring in, a Bill, To-morrow, at Twelve a
Clock, for preventing the further Growth of Popery.
Address, relating to Papists.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White
Staves do attend Her Majesty, from this House, humbly
to desire Her Majesty to give Order to be laid before
this House, what hath been done in Pursuance of the
humble Address of this House of the Second of March
One Thousand Seven Hundred and Four, whereby Her
Majesty was humbly desired (amongst other Things)
To give Orders to the Justices of the Peace throughout England, to take an exact Account of the Numbers of the Papists, and reputed Papists, in their respective Counties, and also of their Qualities and
Estates, and Places of their Abode."
Messages from H. C. to return Lamerie & al. Nat. Bill; Crome's Bill; and the Archbishop of Dublin's Bill.
A Message was brought from the House of Commons, by Sir Francis Masham and others:
To return the Bill, intituled, "An Act for naturalizing of Vincent De Laymerie and others;" and to
acquaint this House, that they have agreed to the same,
with some Amendments; whereunto they desire their
Lordships Concurrence.
A Message was brought from the House of Commons, by Mr. Strode and others:
To return the Bill, intituled, "An Act for vesting
the Estate of Valentine Crome, of Maiden-Early, in the
County of Berks, Gentleman, in Trustees, to be fold,
for Payment of his Father's Debts, and making a
Provision for himself and Brother;" and to acquaint
this House, that they have agreed to the same, without
any Amendment.
A Message was brought from the House of Commons, by Mr. Southwell and others:
To return the Bill, intituled, "An Act for making
effectual a Grant of Their late Majesties King William
and Queen Mary, of the Town and Lands of Sea-Town,
to the Archbishopric of Dublin, and for restoring the
same to the said See;" and to acquaint this House,
that they have agreed to their Lordships Amendments
made to the said Bill.
L. Conway's Bill:
Then the Amendments made by the Commons to the
Bill, intituled, "An Act for making the Exemplification
of the Will of Edward late Earl of Conway, under
the several Seals of the Four Courts of the Kingdom
of Ireland, and the Depositions relating to the same,
Evidence on Trials at Law," were read a Second
Time, and agreed to, with an Amendment to Clause
(A).
Which was read Twice, and agreed to.
Then all the Commons Amendments, with the Amendment made by their Lordships, were read a Third
Time.
And Lords Committees were appointed, to draw Reasons, to be offered at a Conference with the Commons, for their Lordships Amendment made to the
Commons Amendment in Clause (A); (videlicet),
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Dux Devonshire, Senescallus.
Dux Somerset.
Dux Bolton.
Comes Manchester.
Comes Stamford.
Comes Sunderland.
Comes Rochester. |
Epus. Exon. |
Ds. Sommers.
Ds. Halifax. |
Their Lordships, or any Three of them; to withdraw presently.
After some Time;
The Earl of Rochester reported from the Committee,
the Reasons for the Lords Amendment made to the
Commons Amendment in Clause (A) to the said Bill:
Which was read, as follows; (videlicet,)
"Because that Part of the Amendment made by
the Commons seems to disappoint the general Scope
of the Bill; and the Amendment now offered by the
Lords, to the Amendment made by the Commons, is
more suitable to the Design of the Bill, and takes in
the Interest of all Persons concerned therein."
To which the House agreed.
Message to H. C. for a Conference, about an Amendment to it.
Then, a Message was sent to the House of Commons,
by Sir Richard Holford and Mr. Rogers:
To desire a present Conference, in the Painted Chamber, upon the Subject-matter of the Amendment made
by their Lordships to the Commons Amendment made to
the said Bill.
Boone's Pet. complaining of Laws in Carolina.
Upon reading the Petition of Joseph Boone Merchant,
on Behalf of himself and many other Inhabitants of
the Province of Carolina; and also of several Merchants
of London, trading to Carolina and the neighbouring
Colonies of Her Majesty in America; complaining of
several Proceedings there, in the Petition set forth;
and praying, "That the deplorable State of the said
Colony may be taken into Consideration, and such
Relief provided as is proper:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition
shall be taken into Consideration on Saturday next, at
Twelve a Clock; and all the Lords summoned to
attend.
After hearing Mr. Boone, in relation to this Matter;
The Orders following were made; (videlicet,)
Charter of Carolina to be brought:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Officer of
the Rolls, where the Record of the Charter, of King
Charles the Second, of Carolina is enrolled, do attend this House on Saturday next, at Twelve a Clock,
with the Record wherein the said Charter is enrolled."
Archdale to attend, with the Act of Carolina, for Religious Worship.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. John Archdale
do attend this House on Saturday next, at Twelve a
Clock, with an authentic Copy of the Act made in
Carolina, intituled, "An Act for the Establishment
of Religious Worship in this Province, according to
the Church of England, and for the erecting of
Churches for the Public Worship of GOD; and also
for the Maintenance of Ministers, and the building
convenient Houses for them."
Messages from H. C. to return Sadleir's Bill; and the D. of Ormond's Bill.
A Message was brought from the House of Commons, by Mr. Heron and others:
To return the Bill, 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;" and to acquaint this House,
that they have agreed to the same, without any Amendment.
A Message was brought from the House of Commons,
by Sir Gilbert Dolben and others:
To return the Bill, intituled, "An Act for enabling
James Duke of Ormonde and Charles Earl of Arran
to settle Fee-farm Rents, in the County of Tipperary,
in the Kingdom of Ireland, pursuant to an Agreement
upon the Marriage of the said Earl of Arran; and
for making good several Grants made by the said
Earl in Fee-farm;" and to acquaint this House, that
they have agreed to the same, with some Amendments,
whereunto they desire their Lordships Concurrence.
Then the Amendments were read Thrice, and agreed
to; and Ordered, That the Commons have Notice
thereof.
Answer from H. C.
The Messengers sent to the House of Commons, return Answer:
That the Commons will give a Conference, as desired.
L. Conway's Bill, Report of the Conference about an Amendment to it.
Then the Commons being come to the Conference,
the Managers Names were read; and the House was
adjourned during Pleasure, and the Lords went to the
Conference.
Which being ended, the House was resumed;
And the Earl of Rochester reported, "That the Lords
had attended the Conference, and delivered the Bill
and the Reasons to the Commons."
E. of Kildare versus Sir Arthur Shaen.
After hearing Counsel, upon the Petition of John
Earl of Kildare; shewing, "That, the Eight and Twentieth of April One Thousand Seven Hundred and
One, this House reversed a Decree obtained in the
Chancery of Ireland by Sir Arthur Shaen, against
William Hancock and Leonard Hatfield (the Petitioner's
Tenants); and that Sir Arthur Shaen afterwards obtained an Order of this House, for the said Tenants to
bring in their Rents into the Chancery Court of Ireland; and that the said Sir Arthur Shaen hath not yet
brought on the Cause to be heard;" and therefore
praying, "in regard the not hearing the Cause is not
by Default of the said Earl, (fn. *) and that the Discharge
of that Part of the Order that directs the Petitioner's
Tenants to bring their Rents of the Lands in Question
into the said Court of Chancery may be discharged,
and paid the Petitioner, to whom they belong:" As
also upon the Answer of Sir Arthur Shaen Baronet, put
in thereunto; and due consideration of what was offered by Counsel on both Sides thereupon:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That if Sir Arthur Shaen
do not procure his Cause to be heard in the Chancery in
Ireland, on or before the End of Trinity Term next,
that then that Part of the said Order complained of in
the Petition of the Earl of Kildare, for bringing the
Rents into the said Court, shall be, and is hereby, set
aside and discharged.
Birkbeck versus Spermah:
After hearing Counsel, upon 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 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 Appellants Defendants; and praying the Reversal of the said Decretal Order: As also upon the
Answer of Gilbert Sperman and his Wife put in thereunto; and due Consideration of what was offered thereupon:
Judgement affirmed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal of Catherick Birkbeck and Edward
Birkbeck shall be, and is hereby, dismissed this House;
and that the Decretal Order therein complained of
shall be, and is hereby, affirmed.
Wilkinson versus Sperman:
After hearing Counsel, upon the Petition and Appeal
of William Wilkinson, against a Decretal Order of the
Court of Chancery, the Eighteenth Day of December
in the Third Year of the Reign of Her present Majesty,
in a Cause there depending, between Gilbert Sperman
and Margaret his Wife Complainants, and the Appellant and Catherick Birkbeck, and Edward Birkbeck, an
Infant, by the said Catherick his Father and Guardian,
Defendants; and praying the Reversal of the said Decretal Order: As also upon the Answer of Gilbert Sperman and Margaret his Wife put in thereunto; and due
Consideration of what was offered thereupon:
Judgement affirmed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal of William Wilkinson shall be, and
is hereby, dismissed this House; and that the Decretal
Order therein complained of shall be, and is hereby,
affirmed.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) primum diem Martii jam. prox. futur,
hora undecima Auroræ, Dominis sic decernentibus.