Journal of the House of Lords: Volume 19, 1709-1714. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 27 Martii.
Southwell's Bill, Lords Reasons for disagreeing to an Amendment to it.
"The Lords do agree to all the Amendments made by the Commons to Mr. Southwell's Bill; except to the Amendment made by them, Pr. 18. L. 40. to which Amendment they disagree, for the Reasons following:
"Because it is a known and principal Distinction in Law between Bills of a Public and Bills of a Private Nature, (of which latter Sort the present Bill plainly is); that the former are to be Judicially taken Notice of by all Judges, and in all Courts; and that the latter are not so to be taken Notice of, but to be proved in Evidence, by attested Copies or Exemplifications, or by the original Record; so that to insert such a Clause in a Private Bill is to confound and take away an old approved Distinction in the Law, without any apparent Reason for doing it in this rather than in any other Private Bill: And if such Clause should be admitted in one Bill, there would be the same Reason to admit the like in all Private Bills, which would abolish Part of the Common Law, without Reason assigned for so doing; and there is the more Reason against doing it in this Case, because the Clause in the Bill to which the Commons have added this Amendment has provided for the Enrolment of this Act in Ireland, where the Land lies; and that Copies of such Enrolment there may be given in Evidence."
Answer from H. C. about the Conference on it.
Managers for the Conference.
Dux Devonshire, Senescallus.
Cary versus White.
After reading, and considering, the Report of the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer, to whom was referred the Bill, intituled, "An Act to enable Trustees to sell some Fenny Lands, in the Counties of Huntingdon and Cambridge, Part of the Estate of Anthony Hammond Esquire; and to settle other Lands in Lieu thereof:"
Message from H. C. to return the E. of Wemyss et al. Bill.
To return the Bill, intituled, "An Act to confirm Articles of Partition made between the Earl and Countess of Wemyss of the One Part, and Anne Robinson Spinster of the other Part, of their Estates in the Counties of Oxon, North'ton, and Kent; and for vesting their respective Moieties in Trustees, to be sold," as fit to pass, with some Amendments.
Hamond's Consent to his Bill.
Mr. Hamond having a Bill depending in this House, and his Absence being necessary for the Service of the Public; he was admitted to give his Consent to the said Bill: Which he accordingly did, by subscribing his Name in the Minute-book.
Liverpoole fresh Water, Sir C. More's Bill.
The Earl of Derby reported from the Lords Committees, the Bill, intituled, "An Act to enable the Corporation of Leverpoole to make a Grant to Sir Cleve More Baronet, for Liberty to bring fresh Water into the Town of Leverpoole," as fit to pass, without any Amendment.
Message from H. C. to return Ropley Commons and Farnham-Park, Bill.
To return the Bill, intituled, "An Act for the enclosing of Ropley Commons in the County of Southampton; and for the Improvement of the old disparked Park of Farnham, in the Counties of Surrey and Southampton;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Hammersmith Inhabitants versus
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Sir James Mountague Knight, Her Majesty's Attorney General, at the Relation of Littleton Burton Clerk, and of the Inhabitants of the Hamlet of Hamersmith are Appellants; to which Henry Lord Bishop of London, Philip Dwight, and Michael Hutchinson are Respondents, on Saturday the First Day of April next.
Naylor et al. attached for not delivering up the Chapel for Divine Service, pending the Appeal.
The House being informed, upon Oath, "That Thomas Naylor, Henry Savory, John Woodroffe, Thomas Warnham, and Alexand'r Duffin, did contemptuously refuse Obedience to an Order of this House of the Five and Twentieth Instant, for delivering up the Chapel at Hamersmith, and opening the same, and permitting the Minister to officiate therein as formerly:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Thomas Naylor, Henry Savory, John Woodroffe, Thomas Warnham, and Alexand'r Duffin, and bring them to the Bar of this House, to answer their Offence: And this shall be a sufficient Warrant on that Behalf.
To Sarles Goatley Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Officers, to be aiding and assisting in the Execution hereof.
Sheriff of Middlesex to restore Possession of the Chapel.
The House being informed, upon Oath, "That Thomas Naylor, Henry Savory, John Woodroffe, Thomas Warnham, and Alexand'r Duffin, did contemptuously refuse Obedience to an Order of this House, of the Five and Twentieth Instant, for delivering up the Chapel at Hamersmith, and opening the same, and permitting the Minister to officiate therein as formerly:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriff of Midd'x do forthwith restore the Possession of the Church of Hamersmith, pursuant to the Order of this House of the Five and Twentieth Instant.