House of Lords Journal Volume 19: 22 March 1711

DIE Jovis, 22 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mutiny and Desertion Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue the Acts for punishing Mutiny and Desertion, and false Musters, and for the better Payment of the Army and Quarters; and for approving of Medicines for the Army."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

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

Monypenny versus Brown.

Upon reading the Petition and Appeal of Katherine Monypenny Widow, from a Decree of the Lords of Council and Session in North Britain, of the Fourteenth of July One Thousand Seven Hundred and Ten, and the Affirmance thereof, the Third of February One Thousand Seven Hundred and Eleven, made on the Behalf of John Broun and Isabell his Wife; and praying to be relieved against the said Decree, according to Justice; and that the said John Broun and Isabell his Wife may answer the said Petition:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Broun and Isabell his Wife may have a Copy of the said Petition and Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on or before Thursday the Twelfth Day of April next, at Eleven a Clock.

Naval Stores, Account of Importation of.

The Earl of Stamford, from the Commissioners of Trade and Plantations, pursuant to the Order of this House of the Seventeenth Instant, delivered an Account relating to Naval Stores.

Ordered, That the same do lie on the Table.

Rayner's Petition referred to Judges.

Upon reading the Petition of John Rayner Esquire and Anne his Wife, and of Anne and Elizabeth their Daughters, the said Elizabeth being under Age, by Sir Willoughby Hickman Baronet, her Guardian, and Thomas Cake Esquire, and Edmund Whitehead Gentleman, Two of the principal Creditors of the said John Rayner; praying leave to bring in a Bill, for vesting several Lands in the County of Nottingham, settled on the Marriage of the Petitioner with Anne his Wife, in Trustees, to be sold; and the Monies applied for Payment of Debts, and other Purposes in the Petition mentioned.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Justice of Her Majesty's Court of Queen's Bench and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Wood, alias Webb's, Bill.

The Earl of Clarendon reported from the Lords Committees, to whom was referred the Bill, intituled, "An Act for the Sale of the Manor of Great Bealings, and several Farms, Lands, and Hereditaments, late the Estate of Henry Wood, alias Webb, Esquire, deceased, in Great Bealings, and several other Places in the County of Suffolk, for discharging a Mortgage thereon; and for Payment of other Debts of the said Henry Wood, alias Webb; and for applying the Overplus Money (if any) arising by such Sale, for the Benefit of Henry Wood, alias Webb (an Infant) his Son and Heir: That they had considered the said Bill, and made several Amendments thereunto."

Which, being read Twice, were agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Lyon, Order to recover her Costs in Scotland.

The House, pursuant to the Order of the Seventeenth Instant, taking into Consideration the Petition of Catherine Lyon, for the Recovery of Costs ordered her by this House the Four and Twentieth of January last:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That these Words be added to the said Order; (videlicet), "And that the Lords of Council and Session in North Britain do order the Forty Pounds Costs, given by this House to Catherine Lyon, to be levied by the same Rules and Methods as Costs given by them are to be levied."

Monroe versus Lord Kerry, in Error:

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House, from the Court of Exchequer in Ireland, the One and Twentieth of February One Thousand Seven Hundred and Ten, (wherein Judgement is entered for the Right Honourable Thomas Lord Baron of Kerry and Lixnow, of the said Kingdom of Ireland, against Henry Monroe Esquire;) and an Affirmance thereof in the Exchequer Chamber in that Kingdom; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the said Court of Exchequer in Ireland, and the Affirmation thereof in the said Exchequer Chamber, shall be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Record to be remitted, is as follows.

"Et postea, scilicet, Vicesimo Primo Die Februarii, Anno Regni Dominæ, Annæ nunc Reginæ Mag. Britanniæ, &c. Nono, Transcript. Record. et Process. præd. inter Partes præd. cum omnibus ea tangen. Prætextu cujusdam Brevis de Error. corrigend. per præfat. Henricum Monroe in Præmiss. prosecut. dictæ Dominæ Reginæ in Parliamento suo a præd. Cur. dictæ Dominæ Reginæ de Scaccario suo in Hib'nia, coram ipsa Regina, transmiss. suit. Et præd. Henric. Monroe, in eadem Curia Parliamenti compert. diversas Causas et Materias pro Error. in Record. et Process. præd. pro Revocatione et Adnullatione Judicii præd. in præd Cur. Cameræ Scaccarii præd. assignavit. Et postea, scilicet, Vicesimo Secundo Die Martii, Anno Regni dictæ Dominæ Reginæ Decimo, in præsent. Cur. Parliamenti, visis et per Cur. ibidem diligenter examinatis et plenius intellectis tam Record. et Process. præd. et Judic. super eosdem reddit. et Affirmation. ejusdem Judicii, quam præd. Error. superius assignat. pro eo quod videtur Cur. Parliamenti præd. quod. Record. Affirmation. ejusdem Judicii in nullo vitiosum aut defectivum existit, et quod in Record. ill. in nullo fuit Errat. Ideo consideratum est per eandem Curiam Parliamenti præd. quod Judic. in Camera Scaccarii præd. ut præfertur reddit. pro Affirmatione Judicii præd. in Cur. Scaccarii præd. reddit. affirmetur, et in suo Robore et Effectu stet, dictis Causis pro Error. assignat. in aliquo non obstant."

Bridger's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting of certain Lands, in the Parish of Woodchurch, in the County of Kent, formerly purchased by Winefrid Bridger and Lawrence Bridger, in certain Trustees, to be sold, for the raising Money, for the Purposes therein mentioned."

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 Robert Legard and Mr. Pitts:

To carry down the said Bill, and desire their Concurrence thereunto.

Palmer's Bill.

After reading, and considering, the Report of the Lord Chief Justice of the Common Pleas and Mr. Justice Tracy, to whom was referred the Bill, intituled, "An Act for confirming a Lease for One and Twenty Years, made by Jeffery Palmer Esquire and others, of Lands in Carlton Curliew, in the County of Leicester, for Payment of the Debts of the said Jeffery Palmer:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be read a Second Time.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming a Lease for One and Twenty Years, made by Jeffery Palmer Esquire and others, of Lands in Carlton Curliew, in the County of Leicester, for Payment of the Debts of the said Jeffery Palmer."

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 Sixth Day of April next, at Ten 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 & in diem Lunæ, vicesimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.