Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Martis, 4 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Scott versus Hilton.
Upon reading the Petition and Appeal of Edward Scott Gentleman, Administrator of Thomas Scott his Brother, deceased, from a certain Decree or Orders made by the Court of Chancery, the Eighth Day of May and Seven and Twentieth Day of November last, in a Cause there depending, between the Petitioner Complainant, and Richard Hilton Executor of John Hilton Clerk, his Father, deceased, Defendant; praying, "That a new and final Trial, either at the Affizes (or at the Bar,) by a Jury where all the Parties and most of the Witnesses live, may be directed; and that the Decree and Orders (so far as the Petitioner is aggrieved thereby) may be reversed:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Hilton may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Tuesday the Eighteenth Day of this Instant January, at Eleven a Clock in the Forenoon.
Sir E. Baesh versus Moore.
Upon reading the Petition and Appeal of Sir Edward Baesh Knight and Dame Anne his Wife, from a Decretal Order made in the Court of Chancery, the Ninth of July One Thousand Six Hundred Ninetyseven, and a subsequent Order of the Two and Twentieth of December One Thousand Six Hundred Ninetyseven, in a Cause wherein John Moore Gentleman and Mary his Wife, Administratrix of Edmund Hussey Gentleman, deceased, were Complainants, against the said Sir Edward Baesh and his Wife, Anne Waad Widow and Relict of William Waad, deceased, Richard Hinde and Robert Hinde, Executors of Samuel Hinde, and others, were Defendants; and praying, "That the said Decretal Order and Judgement of the Court of Chancery (so far as the same extends to charge the Premises mentioned in the Petition recovered at Law by the Petitioners, further than by Law they are charged by Force of the pretended Mortgage) may be reversed:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Moore and Mary his Wife may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Tuesday the Eighteenth Day of this Instant January, at Eleven a Clock in the Forenoon.
Doulben versus Allanson.
Upon reading the Petition of John Doulben and Beata his Wife, Respondents to the Appeal of Charles Allanson Esquire; shewing, "That the said Appeal was brought for Delay, and to the Prejudice of the Petitioners; and praying a short Day may be appointed, for hearing the said Appeal:"
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 Friday the Fourteenth Day of this Instant January, at Ten a Clock in the Forenoon.
Hunt versus Bourne.
Upon reading the Petition of Philip Hunt; shewing, That the Petitioner is Defendant in a Writ of Error depending in this House wherein Edward Bourne and others are Plaintiffs, upon which Errors are assigned, and Issue joined by the Petitioner; and praying, that a short Day may be appointed, for hearing the Errors argued thereupon:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, on Monday the Seventeenth Day of this Instant January, at Ten a Clock in the Forenoon; and that the Judges of Her Majesty's Court of Queen's Bench do then attend.
The Earl of Winchilsea reported from the Lords Committees, the Bill, intituled, "An Act for supplying the Defect of the Execution of the Power of Sir John Ivory Knight, deceased, for making Provision for his Younger Children," 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.
Messages from H. C. with Bills.
A Message from the House of Commons, by Mr. Conyers and others:
Who brought up a Bill intituled, "An Act for vesting Lands in Essex, devised by Sir Robert Kemp Knight, deceased, to the Children and Grandchildren of Elizabeth Outlaw, One of his Sisters and Coheirs, in Trustees, to be sold, for the Benefit of the Devisees;" to which they desire the Concurrence of this House.
A Message from the House of Commons, by Mr. Dolben and others:
Who brought up a Bill, intituled, "An Act for settling and confirming several Exchanges with Ralph Earl Montagu, of several Lands and Common of Simon Motton and others, lying in Gedington, in the County of Northampton, for several Lands of the said Earl's, lying near to the same; and for confirming several Agreements relating to the said Exchanges;" to which they desire the Concurrence of this House.
A Message from the House of Commons, by Mr. Walpole and others:
Who brought up a Bill, intituled, "An Act to enable Arabella Foote to lay out Monies, belonging to her Son Topham Foote, in Purchases of Lands for his Benefit;" to which they desire the Concurrence of this House.
Address of H. C. complaining of this House, for taking Examinations of Conspirators, &c. to be considered:
The House being informed of a Matter of the highest Consequence, relating to the Privileges of this House and the Constitution of the Government of this Kingdom:
It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the said Matter shall be taken into Consideration on Wednesday the Twelfth Day of this Instant January, at Eleven a Clock in the Forenoon: And it is further ORDERED, That all the Lords in and about the Town be summoned then to attend; and that the Lord Keeper of the Great Seal of England do write Letters to the absent Lords in the Country, and send each Lord a Copy of this Resolution; and that the Clerk attend the Lord Keeper, to sign the Letters; and an Officer of this House, to carry them to the Post-house: The Tenor of which Letter is as follows; (videlicet,)
Letters to absent Peers, to attend about it.
I am commanded, by the House of Peers, to acquaint you with the enclosed Resolution; and that your Lordship's Attendance is absolutely required in this House on Wednesday the Twelfth Day of this Instant January, at Eleven a Clock in the Forenoon.
House of Peers, 4th Jan'ry, 1703/4.
Letters and Resolutions were sent to the Lords following; (videlicet,)
Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of certain Land in Charwelton, in the County of Northampton, of William Adams Clerk, for the Payment of Debts, and of Portions to his Younger Brothers and Sisters; and for settling other Lands, of greater Value, upon his Wife and Children, in Lieu thereof."
ORDERED, That the Consideration of the said Bill be committed to the Lords following; videlicet,
Comes Pembroke, P.
Comes Carlisle, Marescallus.
Comes Kingston. (fn. 1) 2.
Comes Winchilsea. (fn. 2) 1.
Epus. St. Asaph.
Ds. Grey W.
Their Lordships, or any Five of them; to meet on Wednesday the Nineteenth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Irish Manufactures, Judges to inspect Laws about.
The House having this Day, (by Her Majesty's Command, (received an Address of the Knights, Citizens, and Burgesses, of Her Majesty's Kingdom of Ireland in Parliament assembled, relating to the Linen Manufacture of that Kingdom:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do consider how the Laws now stand, in relation to exporting Goods from Ireland to the Plantations, and importing Goods from the Plantations into Ireland; and also as to the Duties upon Linen exported from, and imported into, England; and report to the House with all convenient Speed.
Which Address is as follows:
Irish Commons Address to the Queen about their Linen Manufacture.
To the Queen's most Excellent Majesty.
"The humble Address of the Knights, Citizens, and Burgesses, of Your Majesty's Kingdom of Ireland, in Parliament assembled.
"We, Your Majesty's most dutiful and loyal Subjects, the Commons in Parliament assembled, taking into our Consideration the distressed Condition of Your Majesty's Subjects of this Your Kingdom (and more especially of the industrious Protestants thereof) by the almost total Loss of Trade and Decay of our Manufactures, have had in our most serious Thoughts, by what Methods this Country might be preserved from utter Ruin.
"That of the Linen Manufacture hath come under our Consideration, as what may, in some Measure, relieve us in our Distress; to the which we have been chiefly induced, by the Applications made to His late Majesty, of Glorious Memory, by the Lords and Commons of England in Parliament assembled, beseeching that His Majesty would recommend the same to this Kingdom; and declaring that, for the Encouragement thereof, they should be always ready to give their utmost Assistance.
"We therefore presume humbly to lay before Your Majesty, that though it be very manifest that the Linen Trade cannot in a long Time be brought to such Perfection, as to employ any considerable Number of the Hands which now want Work; or ever prove advantageous to us, unless speedy and due Encouragement be given thereto by England: Nevertheless, in order to lay as good a Foundation for the same as is in our Power, we have proceeded to the forming Heads of a Bill for promoting the Linen Manufactory in this Kingdom; the passing of which Bill into a Law will (as we humbly conceive) rather tend to compleat the Ruin, than to the Relief of this Kingdom, unless we be allowed due Encouragement and full Liberty of making the best of our Linen Trade in all Parts beyond the Seas.
"This being our present unhappy Condition; we, in most humble Manner, beseech Your most Gracious Majesty, that Your Majesty would please so to recommend the same to Your Parliament of England, that Your Majesty's Subjects of this Kingdom may have Liberty of exporting all Manner of Linen Cloth (being the Manufacture of this Kingdom) directly from hence to Your Majesty's Plantations; and that we may receive such further Encouragement, as has been assured to Your Subjects of this Kingdom, if they should turn their Industry to the Improvement of the Linen Manufacture."
Hodie 2a vice lecta est Billa, intituled, "An Act for the making void certain Uses, Estates, and Trusts, limited in the Marriage Settlement of Henry Awdley Esquire, of certain Manors and Lands contained in that Settlement; and settling other Manors and Lands, of better Value, to and for the same Uses, Estates, and Trusts."
ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom Adams's Bill stands committed; whose Lordships, or any Five of them, are to meet at the Time and Place aforesaid.
Ashby versus White, in Error.
Whereas Monday next was appointed, for hearing the Errors argued upon the Writ of Error depending in this House, wherein Mathew Asbby is Plaintiff, and William White and others Defendants:
It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, on Thursday the Thirteenth Day of this Instant January, at Ten a Clock in the Forenoon.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) duodecimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.