House of Lords Journal Volume 19: 26 May 1714

DIE Mercurii, 26 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lady Mohun versus Dutchess Hamilton & al.

Upon reading the Petition of Elizabeth Lady Mohun, Widow and Relict of Charles Lord Mohun, deceased, and of the Defendant in Error; shewing, "That Elizabeth Dutchess of Hamilton and others have brought Writs of Error, returnable in Parliament, and have assigned Errors thereupon, to which Issues are now joined;" and praying a short Day for hearing:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, by Counsel, at the Bar, on Thursday the Third Day of June next, at Eleven a Clock.

E. Scarbrough, Privilege.

Ordered, That the Lords Committees for Privileges, to whom the Complaint of a Breach of the Earl of Scarbrough's Privilege was referred, be revived; and meet To-morrow Morning, at Ten a Clock.

Elliot's Appeal withdrawn.

A Petition and Appeal of William Elliot of Thorlislop and Margaret his Wife, Daughter of Arthur Elliot, of Arkleton, deceased, complaining of Two several Interlocutors of the Lords of Council and Session in Scotland, on the Behalf of Adam Elliot; and praying the Reversal of the said Interlocutors; was presented to the House, and read; but the same, not being brought in Time, was, by Leave of the House, withdrawn.

Message from H. C. with a Bill; and to return the following ones:

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

With a Bill, intituled, "An Act for charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fourteen; and for the Encouragement of the distilling Brandy from malted Corn and Cyder; and for making forth Duplicates of Exchequer Bills and Lottery Tickets, lost, burnt, or destroyed; and to enable the Governor and Company of the Bank of England, and others, to lend Money upon South Sea Stock;" to which they desire the Concurrence of this House.

Hele's Bill;

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

To return the Bill, intituled, "An Act for the Sale of the Manor and Barton of Widdicombe, in the County of Devon, comprized in the Marriage Settlement of Walter Hele Gentleman and Philippe his Wife; and for raising and securing the Sum of Fifteen Hundred Pounds, for the Benefit of the Children of the said Walter and Philippe;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Smyth's Bill.

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

To return the Bill, intituled, "An Act for vesting the Lease of the Rectory of Chesterfield, in the County of Derby, in Trustees, to be sold, for the Payment of the Debts of George Smyth Esquire deceased; and for making Provision for his Daughter;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Douglas versus More.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Grace and Rachel Douglas are Appellants, and James More is Respondent:"

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 Friday the Fourth Day of June next, at Eleven a Clock.

Darbison versus Beamont; Judges to attend.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do attend this House To-morrow, at Twelve a Clock, at the hearing the Errors argued, upon a Writ of Error depending in this House, wherein William Darbison is Plaintiff, and John Beamont and Dorothy his Wife are Defendants.

Dutch. Hamilton & al. for Writs of Certiorari.

Upon reading the Petition of Elizabeth Dutchess of Hamilton and others, Plaintiffs in Two Writs of Error depending in this House, of Two several Judgements in Ejectment, the One for Lands in the County Palatine of Chester, the other in the County Palatine of Lancaster, in both which George Browne is Defendant; praying, "That the proper Officer of the Court of Exchequer at Westminster may be directed to issue Writs of Certiorari to the Justices of Chester and Chancellor of the County of Lancaster respectively, to certify the Writs of Venire Facias and Habeas Corpora, to verify the Errors assigned upon the said Writs of Error:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition do lie on the Table till To-morrow, when the Judges are to attend this House.

Pitt versus Aston:

After hearing Counsel, upon the Petition and Appeal of Samuel Pitt, complaining of a Decree of the Court of Chancery, made in Hillary Term Undecimo Annæ Reginæ, on the Behalf of Edward Aston and his Wife; and praying, "That the same may be rectified:" As also upon the Answer of the said Edward Aston put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed, with Costs:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree therein complained of be, and is hereby, affirmed: And it is further Ordered, That the said Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Forty Pounds, for his Costs in this House.

Counsel, who signed the Appeal, to attend.

Ordered, That Ja. Cliffe and Jn' Troughton, who signed the Appeal of the said Samuel Pitt as Counsel, do attend this House To-morrow, at Twelve a Clock.

Prendergast's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Prendergast Baronet, an Infant, to sell Part of his Estate, lying in the County of Waterford, in the Kingdom of Ireland, for the Payment of his Father's Debts, and other Purposes therein mentioned."

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 Tenth Day of June next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

River Nine navigable, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making the River Nine, or Non, running from Northampton to Peterborough, navigable."

And, after some Time spent therein, the House was resumed.

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

Malt Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fourteen; and for the Encouragement of the distilling Brandy from malted Corn and Cyder; and for making forth Duplicates of Exchequer Bills and Lottery Tickets, lost, burnt, or destroyed; and to enable the Governor and Company of the Bank of England, and others, to lend Money upon South Sea Stock."

Loggin's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dissolving the Marriage of Francis Loggin with Sarah Gardner; and to enable him to marry again."

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 Mr. Fellowes and Mr. Orlebar:

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

E. of Bellomont's Bill

After reading, and considering, the Report of the Judges, to whom the Petition of Richard Earl of Bellomont, of the Kingdom of Ireland, for Leave to bring in a Bill, was referred:

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Richard Earl of Bellomont, with the Consent of Lucy Anne Countess Dowager of Bellomont, to sell certain Lands in Ireland, for raising Money, to purchase the said Countess's Jointure, and for paying her Daughter's Portion."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

Die Lunæ, 20 Junii, 1715,

Hitherto examined by us,

Warrington.

W. Carliol.

A. Meneven.