House of Lords Journal Volume 18: 24 March 1709

DIE Jovis, 24 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Malet's Bill.

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to compound with William Malet Esquire, for the Debt of his Father, for whom he was Surety while Receiver General of the County of Somerset and City of Bristol."

After some Time spent therein, the House was resumed.

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

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to compound with William Malet Esquire, for the Debt of his Father, for whom he was Surety, while Receiver General of the County of Somerset and City of Bristol."

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.

Pacey's Sureties, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Lord High Treasurer of Great Britain, or Commissioners of the Treasury, to compound with the Sureties of Samuel Pacey deceased, late Receiver General for the County of Suffolke."

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.

Messages from H. C. to return the D. of Newcastle's Bill;

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

To return the Bill, intituled, "An Act for vesting in John Duke of Newcastle, and his Heirs, certain Lands belonging to the Vicarage of Walesby, in the County of Nottingham, in Lieu of an Annual Rent of Ten Pounds per Annum, payable to the Vicar of the said Vicarage, and his Successors for ever;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Lacy's Bill;

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

To return the Bill, intituled, "An Act for vesting divers Manors, Messuages, Lands, and Tenements, of John Lacy Esquire, in the Counties of Essex, Cambridge, and Midd'x, in Trustees, to be sold, for Payment of his Debts, making Provision for his Children unprovided for, and other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Gay'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 vesting the Scite, Capital Messuage, or Farm, of the Manor of Southstoke, and Lands thereunto belonging, in the County of Somerset, late the Estate of John Gay Gentleman, deceased, in Trustees, to be sold, for the speedier Payment of his Debts, and better Performance of the Trusts therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from thence, to remind the Lords of the Manufacturers of Woollen, Bill.

A Message from the House of Commons, by Colonel Moreton and others:

To put this House in Mind of a Bill, intituled, "An Act for the Encouragement of those who are Manufacturers of the Woollen, Iron, and Linen Manufactures of this Kingdom; and for the more easy Recovery of Wages due for the working up the said Manufactures, and to Day Labourers."

Woollen Manufacturers, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Encouragement of those who are Manufacturers of the Woollen, Iron, and Linen Manufactures of this Kingdom; and for the more easy Recovery of Wages due for the working up the said Manufactures, and to Day Labourers."

Frauds relating to Stamp Duties, for preventing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for redressing and preventing several Frauds and Practices relating to Her Majesty's Duties upon Stamped Vellum, Parchment, and Paper; and regulating the Clerks and Attorneys of the Courts of Queen's Bench and Common Pleas at Westminster."

Ordered, That the said Bill be read a Second Time on Saturday next.

E. Plimouth's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the Estate, which came to the Right Honourable Other Earl of Plimouth by his Mother, in Trustees, to be sold, for raising Money, to pay off Debts charged upon his Paternal Estate; and to enable him to cut Coppices."

The Question was put, "Whether this Bill, with the Amendments, 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. Rogers:

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

E. of Kildare versus Sir A. Shaen, Report of Proceedings.

The Lord Halifax reported from the Lords Committees appointed to state Matters of Fact, as formerly ordered and adjudged, upon the Appeals of the late Earl of Kildare, and the Answers of Sir Arthur Shaen; as also upon the Petition of George Rodney Bridges and Rich'd Bagot Esquires, Executors and Devisees of the late Earl of Kildare; as follows; (videlicet,)

"That their Lordships find, on Perusal of the Journals of this House, that, on reading a Petition, on the Fourteenth of March One Thousand Six Hundred Ninety-nine, of John Earl of Kildare, from a Decree made on the Fifth of February One Thousand Six Hundred Ninety-nine, in the Court of Chancery in Ireland, on the Behalf of Sir Arthur Shaen, it was ordered, "That the said Sir Arthur Shaen should have a Copy of the said Petition; and put in an Answer thereunto, on the Five and Twentieth of April following; and that, in the mean Time, all Proceedings on the said Decree should be stayed."

"That, on reading a Petition of Appeal (the same Day) of William Handcock Esquire and Leonard Hatfeild Gentleman, from a Decree made on the said Fifth of February, in the said Court of Chancery, at the Suit of the said Sir Arthur Shaen, it was ordered, "That the said Sir Arthur should put in an Answer thereunto on the said Five and Twentieth of April; and that all Proceedings should be stayed, on the said Decree, in the mean Time."

"Note, The Parliament was prorogued before the said Five and Twentieth of April.

"That, on the Nine and Twentieth Day of March One Thousand Seven Hundred and One, it was ordered, "That the said Sir Arthur Shaen do peremptorily answer to the said Appeals, on or before the Fifth Day of April next."

"That, on the Tenth of April One Thousand Seven Hundred and One, it was ordered, "That the said Appeals should be heard, by Counsel, on the Twentyeighth of the same April."

"That, after hearing Counsel, on the Eight and Twentieth of April, upon the Petition of the said Earl, and the Answer of the said Sir Arthur put in thereunto, it was ordered and adjudged, "That the Petition of the said Earl should be dismissed this House, without Prejudice to his Lordship's Title."

"That, on the same Day, after hearing Counsel on the said Petition of the said Mr. Handcock and Mr. Hatfeild, as also upon the Answer of the said Sir Arthur Shaen put in thereunto, it was ordered and adjudged, "That the said Decree, made on the Fifth Day of February aforesaid, should be reversed, the said Court of Chancery having heard the Cause without proper Parties, but without Prejudice to the Title of Sir Arthur Shaen; and that the said Sir Arthur should amend his Bill, and make the said Earl a Defendant; and that the said Handcock and Hatfield procure the said Earl to appear and answer before Michaelmas Term next, so that the Cause may be heard before the Chancery in Ireland as soon as may be; which if the said Earl shall not do, and examine his Witnesses, so as the Cause may be heard as aforesaid, that then the said Decree of the Fifth of February, complained of, shall stand and be affirmed."

"That the House being moved, on the Ninth of May One Thousand Seven Hundred and One, "That the following Words may be added to the Judgement of the House in this Cause; (videlicet,) ["That William Handcock and Leonard Hatfield do, for Security, bring the Arrears, and all future Rents (according as they have sworn their Value in their Answers), into Court, until the Cause be determined"];" it was ordered, "That One Counsel on either Side should be heard to this Motion on the Thirteenth Instant."

"That, on the said Thirteenth of May, after hearing Counsel on both Sides, it was ordered, "That the Words following be added to the Judgement of this House of the Twenty-eighth of April last; (videlicet,) ["And it is further ordered, That William Hancock and Leonard Hatfeild do bring the Arrears of Rents, now in their Hands, and the growing Rents, into the Court of Chancery in Ireland, there to remain until the determining of the Cause"]."

"That, on the Twentieth of May One Thousand Seven Hundred and Two, on reading a Petition of Sir Arthur Shaen, praying the Explanation of the Judgement of this House of the Thirteenth of May One Thousand Seven Hundred and One, it was ordered, "That the said William Handcock and Leonard Hatfeild, and the said Sir Arthur Shaen, should be heard, by their Counsel, on the Two and Twentieth."

"That, on the said Two and Twentieth of May, after hearing Counsel for the said Sir Arthur Shaen, as also Counsel for the said Lord Kildare, Handcock, and Hatfeild, and Consideration of what was offered by them, the several Parties were told by the Lord Keeper, by Order of the House, "That the Lords expect their Judgement, before mentioned, should be fully complied with in Ireland."

"That, on reading a Petition of the Earl of Kildare, on the Seventeenth of January One Thousand Seven Hundred and Five; shewing, "That, on the Eight and Twentieth of April One Thousand Seven Hundred and One, this House reversed a Decree, obtained in the Court of Chancery of Ireland, by Sir Arthur Shaen, against William Handcock and Leonard Hatfeild, the Petitioner's Tenants; and that the said Sir Arthur obtained an Order for the Tenants to bring their Rents into Court, which was done; but 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 Petitioners, that that Part of the Order which directs the Tenants to bring the Rents into Court may be discharged; and that what Rents have been brought into Court may be paid the Petitioner;" it was ordered, "That the said Sir Arthur Shaen should put in an Answer to the said Petition, on or before the Seventh Day of February next."

"That, on reading a Petition, on the Eleventh of February One Thousand Seven Hundred and Five, of the Lady Frances Shaen, on Behalf of herself and her Son Sir Arthur Shaen, praying further Time for answering the Petition of the Earl of Kildare; it was ordered, "That Sir Arthur Shaen should have Time allowed, for answering thereunto, till the Six and Twentieth of the same February."

"That, on the Six and Twentieth of the same February, it was ordered, "That One Counsel on either Side should be heard, on the Eight and Twentieth, on the Petition of the said Earl, and the Answer of the said Sir Arthur put in thereunto."

"That, after hearing Counsel, on the said Eight and Twentieth of February, on the last mentioned Petition of the Earl of Kildare, and Answer of Sir Arthur Shaen put in thereunto, and due Consideration of what was offered on both Sides thereupon; it was ordered, "That, if the said 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."

Sir A. Shaen to restore Possession to Executors of E. of Kildare.

After Consideration of the Report made this Day from the Lords Committees appointed to state Matters of Fact, as formerly ordered and adjudged, upon the Appeal of the late Earl of Kildare, and the Answer of Sir Arthur Shaen; as also upon the Petition of George Rodney Bridges and Richard Bagott Esquires, Executors and Devisees of the late Earl of Kildare, read in this House the Three and Twentieth of February last:

It is this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Arthur Shaen shall and he is hereby required forthwith, upon Sight of this Order, to restore, or cause to be restored, to the said George Rodney Bridges and Richard Bagott, the Executors and Devisees of the late Earl of Kildare, or their Agents lawfully authorized to receive the same, the Possession of the Premises in Question, which were in the Possession of the said Earl of Kildare, or his Tenants, at the Time of his Decease; and all the Rents received by Sir Arthur Shaen, or any of his Agents, since the Attournment of the Tenants to the said Sir Arthur Shaen, are to be forthwith paid to the said Executors of the late Earl of Kildare: And it is further Ordered, That the said Sir Arthur Shaen hath hereby Time allowed him for answering to the Petition of George Rodney Bridges and Richard Bagott, until the Seventh Day of April next, at Eleven a Clock; and that the Personal Attendance of Sir Arthur Shaen at that Time is hereby dispensed with.

Hedges versus Hedges.

Upon reading the Petition of William Hedges and Robert Hedges, Respondents to the Appeal of Dame Anne Hedges and John and Charles Hedges; praying, "That a Day may be appointed, for hearing of the Cause depending in this House:"

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 Monday next, at Eleven a Clock.

Middlesex Register Bill.

Ordered, That, on Monday next, at Twelve a Clock, this House shall be put into a Committee again, to proceed on the Bill, intituled, "An Act for the public registering of all Deeds, Conveyances, and Wills, that shall be made of, or that may affect, any Honours, Manors, Lands, Tenements, or Hereditaments, within the County of Midd'x, after the . . . Day of . . . ."

Coldham's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of certain Lands and Annuities, late the Estate of John Coldham, of Tooting Graveney, Esquire, deceased, for raising of Portions for his Grandchildren, according to his Will."

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.

Birmingham Church Bill.

The Lord Bishop of Lichfield and Coventrie reported from the Lords Committees, the Bill, intituled, "An Act for building a Parish Church and Parsonage House, and making a new Church-yard, in Birmingham, in the County of Warwick, to be called The Parish of St. Phillip," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for building a Parish Church and Parsonage House, and making a new Church-yard, in Birmingham, in the County of Warwick, to be called The Parish of St. Phillip."

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.

Privileges of Ambassadors, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for preserving the Privileges of Ambassadors, and other Public Ministers, of Foreign Princes and States."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Morison's Haven, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and improving of Morison's Haven, and the Fort there, in the Shire of East Lothian, alias Hadingtoun."

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.

Hampden versus Hampden.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause, by Counsel, at the Bar, wherein Edmund Hampden is Appellant, and Richard Hampden Respondent, on Thursday next, at Eleven a Clock.

Dean of Windsor's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for annexing the Rectory or Parsonage of Hasley, in the County of Oxon, to the Deanry of Windsor; and for vesting the Rectory and Parochial Church of St. Mary, alias North Church, Barkhamstead, in the County of Hertford, in the Dean and Canons of Her Majesty's Free Chapel of St. George, within Her Castle of Windsor, in Lieu thereof."

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.