House of Lords Journal Volume 17: 12 January 1705

DIE Veneris, 12 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bail in frivolous Actions, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent exacting of Bail in frivolous Actions."

Dr. Watson's Petition to be considered.

A Petition of Thomas Watson Doctor in Divinity, and Johanna Watson, being this Day offered to the House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition do lie on the Table; and shall be read and considered on Wednesday next, at Twelve a Clock; and all the Lords summoned to attend.

Tyrril, Leave for a Bill.

Upon reading the Petition of Sir Peter Tyrril and Thomas Tyrril his Son; praying Leave to bring in a Bill, for making some Alterations and Amendments in an Act passed last Session of Parliament:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, as desired.

Buck versus Rawlinson.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Robert Buck is Appellant, and Sir Thomas Rawlinson Respondent, on Tuesday the Three and Twentieth Day of this Instant January, at Eleven a Clock.

Garnier & al. Nat.

Upon reading the Petition of Isaac Garnier and others; praying to be naturalized:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners may be added to a Bill of Naturalization, as desired.

Annuities Supply Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising Monies, by Sale of several Annuities, for carrying on the present War."

After some Time, the House was resumed.

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

Gould's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for confirming an Agreement, between the Executors of Moses Gould Esquire deceased, and his Relict, for the Payment of his Debts, and Maintenance of the Younger Children, and for settling other Part of his Estate," as fit to pass, without any Amendment.

Pile's Bill.

The Earl of Stamford also reported from the Lords Committees, the Bill, intituled, "An Act to enable Thomas Pile Esquire and Elizabeth Freke to make Leases for Lives of the Estate of Thomas Freke, of Iwerne Courtney, Esquire, deceased; as also the Son of George Pitt Esquire so to do, when entitled, and in actual Possession of the Premises; and that he may be enabled to make a Jointure, upon any Woman he shall marry, out of the same; and for establishing a School in Iwerne Courtney, and augmenting the Vicarage of Cerne Abbas, in the County of Dorsett," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Thomas Pile Esquire and Elizabeth Freke to make Leases for Lives of the Estate of Thomas Freke; of Iwerne Courtney, Esquire, deceased; as also the Son of George Pitt Esquire so to do, when entitled, and in actual Possession of the Premises; and that he may be enabled to make a Jointure upon any Woman he shall marry, out of the same; and for establishing a School in Iwerne Courtney, and augmenting the Vicarage of Cerne Abbas, in the County of Dorset."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Sir Robert Legard and Dr. Edisbury:

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

Hinxman's Bill.

The Lord Bishop of Salisbury reported from the Lords Committees, the Bill, intituled, "An Act to enable Joseph Hinxman, of North Hinton, in the County of South'ton, Esquire, to sell some Estates in Andover, in the said County; and for settling other Estates, in Christ-church Twyneham, in the said County, of a better Value, to the same Uses," as fit to pass, without any Amendment.

ORDERED, That the said Bill be engrossed.

Pechels & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Jacob Pechels, Elias Landes, Francis Lecroix, and others."

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 Friday 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.

Drake's Bill.

The Lord Bishop of Chester reported from the Lords Committees, the Bill, intituled, "An Act for Sale of the Estate of Daniel Drake Gentleman, deceased, for the Provision of his Widow and Children, according to his Will," as fit to pass, without any Amendment.

Consents to Amendments of private Bills.

Whereas, by the Standing Rules of this House, Consents of Persons to Private Bills are to be personal, except there be an Affidavit of Two Persons made, that he or she is not able to attend, and doth consent to the said Bill; and whereas it has happened, that, after such Consents given, material Amendments are made by the Committee, without the Knowledge of such absent Person:

It is therefore ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be an Instruction to all Committees who shall meet upon Private Bills, That, when any material Amendments shall be proposed to be made to any Private Bill, such Amendments shall be sent to the absent Person consenting as aforesaid, for his or her Consent thereunto to be signified as formerly, before the Committee allows thereof.

Dibble versus Piper & al.

Whereas, by virtue of Her Majesty's Writ of Error, returnable in Parliament, a Record out of Her Majesty's Court of Queen's Bench was brought into this House, the Thirteenth of November last, wherein Judgement is entered for John Piper and James Bridger, against the Plaintiff John Dibble, which Judgement hath since been affirmed in the Exchequer Chamber; and whereas this Day was appointed, for hearing the Errors argued thereupon; Counsel appearing for the Defendants, but none for the Plaintiff, in the Writ of Error:

Judgement affirmed, with Costs.

It is therefore ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in Her Majesty's Court of Queen's Bench for the said John Piper and James Bridger, and the Affirmation thereof in the Exchequer Chamber, shall be, and they are hereby, affirmed: And it is further ORDERED, That the said John Dibble shall pay, or cause to be paid, unto the said John Piper and James Bridger, the Sum of Forty Pounds, for their Costs in defending the said Suit in this House.

The Tenor of which Judgement, to be affixed to the Record to be remitted, is as followeth; (videlicet,)

"Et quia Cur. dictæ Dominæ Reginæ hic, coram ipsa Domina Regina, in Parliamento suo, de Judicio suo de et super Præmissis reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram Domina Regina, in Parliamento suo, usque Diem Veneris, Duodecimum Diem Januarii prox. futur. ubicunque &c. de Judicio suo de et super Præmiss. ill. audiend. eo quod Cur. dictæ Dominæ Reginæ hic, in Parliamento suo, inde nondum &c.; ad quem Diem, coram Domina Regina, in Parliamento suo, venit tam præd. Joh'es Dibble, quam præd. Jacobus Bridger et Joh'es Piper, per Attornatos suos præd.; super quo. visis Præmiss. et per Cur. dictæ Dominæ Reginæ nunc hic in Parliamento suo diligenter examinatis et plenius intellectis tam Record. et Process. præd. ac Judic. superinde reddit. quam præd. Causis superius pro Error. assign. et allegat. pro co quod videtur Cur. dictæ Dominæ Reginæ nunc hic, in Parliamento suo, quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. ill. in nullo est Erratum, ideo consideratum est, quod Judicium præd. in omnibus affirmetur, et in omni suo Robore stet et Effectu, dictis Causis superius pro Error. assign. in aliquo non obstan. et quod præd. Jacobus Bridger et Joh'es Piper in Cur. dictæ Dominæ Reginæ, coram ipsa Regina, habeant inde Executionem suam, versus præfat. Joh'em Dibble, juxta Formam et Effectum Judicii præd. Et ulterius per Cur. dictæ Dominæ Reginæ hic in Parliamento suo considerat. est, quod præd. Jacobus Bridger et Joh'es Piper recuperent versus præfat. Joh'em Dibble Quadragint. Libras, eisdem Jacobo Bridger et Johann. Piper, per Cur. dictæ Dominæ Reginæ hic in Parliamento suo adjudicat. pro Misis et Custagiis suis, quæ sustinuerunt Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis Brevis de Error. ac superinde Record. et Process. præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. per Cur. Dominæ Reginæ hic in Parliamento suo remittuntur."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.