House of Lords Journal Volume 18: 7 February 1706

DIE Jovis, 7 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Gower takes the Oaths.

This Day John Leveson Lord Gower took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Messages from H. C. with Bills; and to return Smalman's.

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

Who brought up a Bill, intituled, "An Act for settling and securing Part of the Estates of Robert Barry Clerk and Anne his Wife, for the Benefit of the said Anne and her Children; and Sale of other Part of the Estate of the said Robert Barry, for Payment of his Debts;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act for Sale of several Lands, within the Manor of Burrough, in the County of Leicester, for raising the Portions of Henry Barne and Alice Barne, the Younger Children of John Barne, deceased;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for supplying a Defect (by the Death of a Trustee) in the Appointment of Provisions for the Younger Children of Henry Smalman Esquire, deceased; and for making the said Provision more effectual for such Younger Children;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

D. of Ormond and E. of Arran's Bill.

Hodie 1^a vice lecta est Billa, 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 made upon the Marriage of the said Earl of Arran."

New Ross, a Port for Wool, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Town of New Rosse, in the County of Wexford, in the Kingdom of Ireland, a Port for the exporting Wool from Ireland into this Kingdom."

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 Thursday the Fourteenth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Tiverton Inhabitants versus New Ross Bill.

Upon reading the Petition of the Mayor and other Inhabitants of the Town and Borough of Tiverton, in the County of Devon; praying to be heard, by their Counsel, at the Committee to whom the Bill, intituled, "An Act for making the Town of New Rosse, in the County of Wexford, in the Kingdom of Ireland, a Port for the exporting Wool from Ireland into this Kingdom," stands committed, against the said Bill:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, at the said Committee, on Thursday the Fourteenth Day of this Instant February, at Eleven of the Clock in the Forenoon.

Message from H. C. to return the Dutch. of Shrewsbury's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Adelaide Dutchess of Shrewsbury;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from thence, with Bills; and to return Pechells & al. Nat. Bill.

A Message from the House of Commons, by Sir Robert Davers and others:

Who brought up a Bill, intituled, "An Act for vesting the Estates of Christopher Reve the Elder, Clerk, deceased, and of Christopher Reve Clerk, his only Son, also deceased, in certain Trustees, to be sold, for the Payment of their several Debts and Legacies; and for making some Provision for Dorothy, the Widow of the said Christopher Reve the Son, and for Christopher Reve his only Child, an Infant;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act for making the River Stower navigable, from the Town of Maningtree, in the County of Essex, to the Town of Sudbury, in the County of Suffolke;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Henry Dutton Colt and others:

To return the Bill, intituled, "An Act for naturalizing Jacob Pechells and others;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Courtney's Bill.

Hodie 2^a vice lecta est Billa, intituled. "An Act for vesting a Mortgage of Humphry Courtney Esquire, deceased, in Trustees, to be sold, to discharge the Mortgages, Debts, and Incumbrances, on the said Estate."

Ordered, That the Consideration of the said Bill be referred to the same Committee to whom the Bill, intituled, "An Act for making the Town of New Rosse, in the County of Wexford, in the Kingdom of Ireland, a Port for the exporting Wool from Ireland into this Kingdom," stands committed.

Their Lordships, or any Five of them; to meet on the Two and Twentieth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ellis's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to reimburse William Ellis Esquire the Sum of Twelve Hundred Pounds, laid out by him in building, and improving his Estate."

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

Rejected.

Ordered, That the said Bill shall be, and is hereby, rejected.

Message from H. C. for a Conference on the Bill for Security of the Queen's Person and Protestant Succession:

A Message from the House of Commons, by Sir Thomas Hanmer and others:

To desire a Conference, upon the Subject-matter of the Lords Amendments made to the Amendments of the House of Commons, to the Bill, intituled, "An Act for the better Security of Her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line."

To which the House agreed.

Then the Commons were called in; and the Lord Keeper, by Order of the House, acquainted them, "That the Lords do agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

Managers named.

The House named the Lords following to be Managers of the Conference; (videlicet,)

Venner's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Relief of Colonel Samuel Venner."

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.

Asgill's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Relief of John Asgill Esquire, in relation to his Purchase of Part of the forfeited Estates in Ireland."

Palmes versus Barstow.

The House being this Day moved (by Consent of each Party), "That the Cause appointed to be heard on Saturday next, wherein William Palmes is Appellant, and Thomas Barstow Respondent, may be put off to a further Day:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Fourteenth Day of this Instant February, at Eleven a Clock.

Skipwith versus Sturmy.

Upon reading the Petition and Appeal of Sir Thomas Skipwith Baronet, Heir at Law and Executor to Sir Thomas Skipwith Knight and Baronet, his late Father, deceased, from a Decretal Order made in the Court of Exchequer, the Four and Twentieth Day of January last, on the Behalf of Thomas Sturmy Esquire, Executor of Dame Elizabeth Skipwith, Relict of the said Sir Thomas Skipwith the Father, and formerly the Widow and Administratrix of Edward Maddison Esquire, her former Husband; and praying "the setting aside and Reversal of the said Decretal Order; and that the Annuity therein mentioned may be decreed to the Appellant, together with his Costs:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Sturmy may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Thursday the Fourteenth Day of this Instant February, at Eleven a Clock.

Lesley & al. versus Sir B. Grenville, for Oppressions in Barbadoes:

Upon reading the Petition of the Agents for the (fn. 1) Islands of Barbados; shewing, "That a Petition, signed by John Kirton, hath lately been presented to this House, in the Name of John Leisley and Thomas Moxwell, Esquires, Members of the late Assembly in Barbados, who are both now in the said Island; and that such Petition is mentioned to be in Behalf of themselves and many other Inhabitants of the said Island, desiring Leave to lay before this House certain Complaints therein mentioned, and to be heard thereupon; and that the Petitioners, being appointed by the Legislative Authority of the said Island to take Care of the Interest thereof, conceive themselves obliged, in Duty, humbly to represent to this House, the Particulars mentioned in their Petition and Order of Council annexed;" and praying, "That if the said John Kirton should proceed further upon his said Petition and Complaints, that the Petitioners may be heard, by their Counsel, in Behalf of the said Island, before any Representation be made to Her Majesty by this House:"

Agents for the Island to be heard.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, before the Lords Committees appointed to consider of the Petition and Complaint of the said John Kirton.

Sir S. Master versus Willoughby.

Whereas this Day was appointed, for hearing of the Cause wherein Sir Streynsham Master is Appellant, and George Willoughby and Joanna his Wife are Respondents (Counsel being called, but not attending):

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Twelfth Day of this Instant February, at Eleven a Clock in the Forenoon.

Williams versus Offley, in Error.

Whereas To-morrow was appointed, for hearing the Errors argued upon the Writ of Error wherein John Williams is Plaintiff, and Joseph Offley Defendant:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar, on Wednesday the Thirteenth Day of this Instant February, at Eleven a Clock in the Forenoon.

The Commons being come to the Conference, the Managers Names were read.

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

Which being ended, the House was resumed.

Report of the Conference on the Bill for Security of the Queen's Person and Protestant Succession:

And the Lord Steward reported, "That the Lords had attended the Conference; and acquainted the House, That the Commons had agreed to the Amendments made by the Lords in Clause (A.), which was an Amendment made by the Commons to the Bill, intituled, "An Act for the better Security of Her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line;" and gave their Reasons for disagreeing to some of their Lordships Amendments in Clause (B.)."

The Lord Keeper reported, what was offered at the Conference.

Lords insist on their Amendments:

Then, it being proposed, "To insist on the Amendments made by this House, and disagreed to by the Commons."

Committee to prepare Reasons for it.

It was Agreed, and Ordered, To insist thereupon; and that the Managers of this Conference be a Committee, to draw Reasons for the Lords insisting on their said Amendments: Whose Lordships, or any Three of them, are to meet To-morrow, at Eleven a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

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