House of Lords Journal Volume 18: 27 March 1707

Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 18: 27 March 1707', in Journal of the House of Lords: Volume 18, 1705-1709, (London, 1767-1830) pp. 299-302. British History Online https://www.british-history.ac.uk/lords-jrnl/vol18/pp299-302 [accessed 14 April 2024]

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In this section

DIE Jovis, 27 Martii.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Wigorn.
Epus. Exon.
Epus. Sarum.
Epus. Norwic.
Epus. Petriburg.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor.
Epus. Landaven.
Ds. Custos Magni Sigilli.
Comes Godolphin, Thesaurarius.
Comes Pembroke, Præses.
Dux. Devonshire, Senescallus.
Dux Somerset.
Dux Grafton.
Dux Beaufort.
March. Lindsey, Magnus Camerarius.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Stamford.
Comes Sunderland.
Comes Scarsdale.
Comes Carlisle.
Comes Sussex.
Comes Feversham.
Comes Berkeley.
Comes Rochester.
Comes Gainsborough.
Comes Scarbrough.
Comes Bradford.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Wharton.
Comes Poulett.
Comes Cholmondeley.
Comes Bindon.
Ds. Pagett.
Ds. Lovelace.
Ds. Mohun.
Ds. Leigh.
Ds. Vaughan.
Ds. Nottingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawell.
Ds. Weston.
Ds. Sommers.
Ds. Granville.
Ds. Gernsey.

PRAYERS.

Pye's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act to enable Henry Pye Esquire to make a Jointure," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Henry Pye Esquire to make a Jointure."

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.

Minister of Tettenhall, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the better Support and Maintenance of the Minister of Tettenhall, in the County of Stafford, for the Time being."

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 Mr. Gery and Mr. Rogers:

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

Wilts Highways, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing the Highways between Sheppard Shord and The Devizes, and between the Top of Ashlington Hill and Rowdford, in the County of Wilts."

Low Wines, &c. Duties, Bill.

The House, pursuant to Order, was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties on Low Wines and Spirits of the First Extraction, and the Duties payable by Hawkers, Pedlars, and Petty Chapmen; and Part of the Duties on Stamped Vellum, Parchment, and Paper; and the late Duties on Sweets, and the One Third Subsidy of Tonnage and Poundage; and for settling and establishing a Fund thereby, and by the Application of certain Overplus-monies and otherwise, for the Payment of Annuities, to be sold, for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Seven, and other Uses therein expressed."

After some Time, the House was resumed.

And the Earl of Stamford reported, "That the Committee had gone through the said Bill; and think it sit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties on Low Wines and Spirits of the First Extraction, and the Duties payable by Hawkers, Pedlars, and Petty Chapmen; and Part of the Duties on Stamped Vellum, Parchment, and Paper; and the late Duties on Sweets, and the One Third Subsidy of Tounage and Poundage; and for settling and establishing a Fund thereby, and by the Application of certain Overplus-monies and otherwise, for the Payment of Annuities, to be sold, for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Seven, and other Uses therein expressed."

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.

Message from H. C. to return the Lustring Company, Bill.

A Message was brought from the House of Commons, by Sir Wm. Ashurst and others:

To return the Bill, intituled, "An Act for the better Encouragement of the Royal Lustring Company;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Messages from thence, with Bills.

A Message from the House of Commons, by Sir Gilbert Heathcott and others:

Who brought up a Bill, intituled, "An Act to explain and amend an Act of the last Session of Parliament, for preventing Frauds frequently committed by Bankrupts;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act to subject the Estate of Thomas Brerewood to the Creditors of Thomas Pitkin, notwithstanding any Agreement or Composition made with the Creditors of the said Thomas Pitkin;" to which they desire the Concurrence of this House.

Conference, Formhill and Stoney Stratford Highways, Bill.

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

Dux Grafton.
Comes Rochester.
Comes Greenwich.
Comes Poulett.
Ds. Pagett.
Ds. Sommers.
Ds. Granville.

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

Which being ended, the House was resumed.

And the Duke of Grafton reported, "That the Commons do not agree to the Amendment made by this House, to the Bill, intituled, "An Act for repairing the Highway between Fornhill, in the County of Bedford, and the Town of Stoney Stratford, in the County of Buckingham;" and gave their Reasons for it."

Then, it being moved, "To desist from the said Amendment;"

The House agreed, not to insist thereon:

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

And a Message was sent to the House of Commons, by Mr. Gery and Mr. Rogers:

To acquaint them, that the Lords do not insist on their Amendment made to the said Bill.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Queen present.

Her Majesty, being seated on Her Royal Throne, adorned with Her Crown and Regal Ornaments, attended with Her Officers of State (the Peers being in their Robes), commanded the Deputy Gentleman Usher of the Black Rod to signify to the House of Commons, "That it is Her Majesty's Pleasure, they attend Her presently, in the House of Peers."

Who being come, with their Speaker; he made a short Speech to Her Majesty, relating to the Money Bill to be passed.

Then the Clerk of the Parliaments took the said Bill from the Hands of the Speaker, and brought it to the Table; where the Clerk Assistant, in the Absence of the Clerk of the Crown, read the Title of that and the other Bills to be passed, as follow; (videlicet,)

Bills passes.

"1. An Act for continuing the Duties on Low Wines and Spirits of the First Extraction, and the Duties payable by Hawkers, Pedlars, and Petty Chapmen; and Part of the Duties on Stamped Vellum, Parchment, and Paper, and the late Duties on Sweets, and the One Third Subsidy of Tonnage and Poundage; and for settling and establishing a Fund thereby, and by the Application of certain Overplus-monies and otherwise, for Payment of Annuities, to be sold, for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Seven, and other Uses therein expressed."

To this Bill the Clerk of the Parliaments pronounced the Royal Assent, in these Words; (videlicet,)

"La Reyne remercie ses bon Subjects, accepte leur Benevolence, et ainsi le veult."

"2. An Act for repairing the Highways between Fornhill, in the County of Bedford, and the Town of Stoney Stratford, in the County of Buckingham."

"3. An Act for the better Encouragement of the Royal Lustring Company."

To these Bills the Clerk of the Parliaments pronounced the Royal Assent, severally, in these Words, (videlicet,)

"La Reyne le veult."

"4. An Act for discharging divers Manors and Lands of Henry Duke of Beaufort, from the Portions of his Daughters and Younger Children by his present Dutchess; and for charging other Manors and Lands of the said Duke, of greater Value, with the like Portions."

"5. An Act to enable Henry Pye Esquire to make a Jointure."

"6. An Act for Sale of Part of the Estate of William Potts, for discharging his Brothers and Sisters Portions, and his Debts; and for confirming his Marriage Settlement, as to the Residue of his Estate, discharged of such Portions."

To these Bills the Clerk of the Parliaments pronounced the Royal Assent, in these Words; (videlicet,)

"Soit fait come il est desiré."

Then Her Majesty was pleased to withdraw; and the Commons returned to their House.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Drake's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Reversion in Fee of certain Manors and Lands in the County of Kent, late the Estate of Mountague Drake Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and Legacies."

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 Mr. Gery and Mr. Rogers:

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

Irregularities in the House, Report from Committee of Privileges, about.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Report from the Lords Committees for Privileges (which was this Day to be made) shall be made on Monday next, at Twelve a Clock; and all the Lords summoned.

Vagrants Bill.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee upon the Bill, intituled, "An Act for the Continuance of the Laws for the Punishment of Vagrants, and for making such Laws more effectual," on Tuesday next, at Eleven a Clock.

Housebreakers Bill.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee upon the Bill, intituled, "An Act for the encouraging the Discovery and apprehending of House-breakers," To-morrow, at Twelve a Clock.

Bankrupt Act to amend, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to explain and amend an Act of the last Session of Parliament, for preventing Frauds frequently committed by Bankrupts."

Ordered, That the said Bill be read a Second Time on Monday next, at Eleven a Clock.

Brerewood and Pitkin's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to subject the Estate of Thomas Brerewood to the Creditors of Thomas Pitkin, notwithstanding any Agreement or Composition made with the Creditors of the said Thomas Pitkin."

Ordered, That the said Bill be read a Second Time on Monday next, at Eleven a Clock.

Calthorpe & al. versus May.

Whereas, the Four and Twentieth Instant, upon reading the Petition of Reynolds Calthorpe and Samuel Battely, it was ordered, "to hear the Petitioners Appeal, to which Charles May, Mary May, and Frances Langrish, alias Plowden, are Respondents, on Monday the One and Thirtieth of this Instant March;" and whereas, upon reading the Six and Twentieth Instant the Petition of the said Charles May and Mary May; praying, "That the Cause may be put off to the next Session of Parliament;" it was ordered, "to hear One Counsel on either Side to that Matter:"

Now, upon reading this Day the Petition of the Appellants, and also of Charles May and Mary May, Two of the Respondents to the said Appeal; shewing, "That the Petitioners have agreed to the Hearing of the Cause at such Time as this House shall appoint the next Session; and that all Parties should then appear, without further Service, to hear the same; and that the Appellants Costs, sustained by not hearing their Appeal this Session, should attend the Success of the Hearing thereof; and that the several Respondents should be ordered not to commit any Waste on the Premises in Question till Hearing of the said Appeal; and that the Respondent Plowden should, at the said Hearing, produce all Writings in her Custody or Power relating to the Premises in Question;" and also shewing, "That the Petitioners being informed that the Respondent Plowden and the Vendees of the Woods, who are also Parties Respondents in this Cause, threaten to fell and carry off the Premises in Question a great Quantity of Wood and Timber, of very considerable Value; which Agreement is annexed to the Petition;" and therefore praying an Order, "That all Parties, Appellants and Respondents, may appear, and hear the said Cause, when the House shall appoint, the next Session; and that the Appellants Costs be answered, according to the said Agreement; and also that the Respondents and all Persons stay committing all Manner of Waste on the Premises; and that the Respondent Plowden may produce all the said Deeds at the Hearing:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on the Second Tuesday in the next Session of Parliament; whereof all Parties concerned are to take Notice, and attend with their Counsel for that Purpose; and that the Appellants Costs be answered, according to the Agreement; and that the Respondents and all Persons shall and are hereby required to stay committing all Manner of Waste on the Premises; and that the Respondent Frances Langrish, alias Plowden, shall produce all the Deeds and Writings in her Custody or Power, relating to the Premises in Question, at the Hearing of the said Cause; and further, that the said Plowden and the Vendees of the Woods in Question shall not fell, nor carry off the Premises, any Wood or Timber whatsoever, in the mean Time; whereof all Parties concerned are to take Notice, as the contrary will be answered to this House.

Adjourn.

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