House of Lords Journal Volume 20: 14 June 1717

DIE Veneris, 14 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Middleton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Thomas Middleton Esquire, deceased, for the more speedy raising of Maintenancemonies and Portions for his Daughters; and for other 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 Mr. Rogers and Mr. Meller:

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

Dumfries, Duty on Ale, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Dumfreis and Privileges thereof, for paying the Debts of the said Town, and for building a Church, and making a Harbour there."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Carre versus Haldane:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Carre of Cavers Esquire is Appellant, and John Haldane of Lanerk Respondent:"

Hearing appointed.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Sixteenth Day of July next, at Eleven a Clock.

Sir T. Frankland's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming an Agreement made between John Wind Clerk, Vicar of Thirkleby, in the County of York, and Sir Thomas Frankland Baronet, for Exchange of the Vicarage-house, and certain Lands 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 Mr. Rogers and Mr. Meller:

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

Bankrupts Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower Commissioners in Commissions of Bankrupts, issued since the Four and Twentieth Day of June One Thousand Seven Hundred and Six, and on or before the Six and Twentieth Day of June One Thousand Seven Hundred and Sixteen, to make Certificates for Bankrupts; and the Lord Chancellor or Lord Keeper, Commissioners of the Great Seal, or Two Judges, to confirm the same, notwithstanding the Acts of the Fourth and Fifth and the Fifth of Queen Anne are expired; and for continuing a Clause in a former Act, for adjusting Accompts between Bankrupts and their Debtors."

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to enable Edward Rolt Esquire to exchange a certain Parcel of Woodlands, in the County of Hertford, with John Boteler Esquire, for other Woodlands, of equal Value, in the said County; and for settling the same respectively as therein mentioned;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to enable Roger Stafford Esquire and his Issue Male to change their Surname to Wollocombe, according to the Will of Roger Wollocombe Esquire, deceased;" to which they desire the Concurrence of this House.

Pilots, Deal and Dover, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better regulating of Pilots, for the conducting of Ships and Vessels from Dover, Deal, and the Isle of Thanet, up the Rivers of Thames and Medway."

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.

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

And the Earl of Clarendon reported from the Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir William Pole and others:

With a Bill, intituled, "An Act for the better collecting and levying the Revenue of the Tenths of the Clergy;" to which they desire the Concurrence of this House.

Newman's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Newman Esquire to sell Part of the Estate included in his Marriage Settlement, for Payment of Debts; and to settle another Estate in Lieu thereof."

Ordered, That the Consideration of the said Bill be committed to the Lords following:

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

Rolt's Bill referred to Judges.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Edward Rolt Esquire to exchange a certain Parcel of Woodlands, in the County of Hertford, with John Boteler Esquire, for other Woodlands, of equal Value, in the said County; and for settling the same respectively as therein mentioned:"

Ordered, That the Consideration of the said Bill be, and is hereby, referred to Mr. Justice Blencowe and Mr. Justice Tracy; who are forthwith to summon all Parties concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Fitz Simmons to enter into Recognizance for Annesley.

The House being moved, "That Joseph Eitz Simmons, of St. Giles' in the Fields, Gentleman, may be allowed to enter into a Recognizance for Maurice Annesley Esquire, upon his Appeal depending in this House:"

It is Ordered, That the said Joseph Fitz Simmons may enter into a Recognizance for the said Maurice Annesley, as desired.

Strafford to take the Name of Wollocombe, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Roger Stafford Esquire and his Issue Male to change their Surname to Wollocombe, according to the Will of Roger Wollocombe Esquire, deceased."

Isleworth Parish against Highway Bill towards Staines:

A Petition of several Freeholders, Landholders, Gardeners, Farmers, and other Persons, Inhabitants of Isleworth, &c. in the County of Midd'x, whose Names are thereunto subscribed, in Behalf of themselves and others, who do, for maintaining and supporting their numerous Families, frequent and use the Road to the several Markets in London:

Fulham, &c. against it:

Also, a Petition of several Freeholders, Farmers, Brick makers, Gardeners, and others, Inhabitants of Fulham and Hammersmith, in the County of Midd'x, whose Names are thereunto subscribed, in Behalf of themselves and others, who frequent and use the Roads leading to the several Markets of London, for the Maintenance and Support of themselves and Families:

Were severally presented to the House, and read; praying Leave to be heard, by their Counsel, against the Bill, intituled, An Act for repairing the Highways, from that Part of Counter's Bridge which lies in the Parish of Kensington, in the County of Middlesex, to The Powder Mills on the Road to Staines, and to Cranford Bridge, in the Road to Colnebrook, in the said County," before the same do pass.

Ordered, That the Petitioners may be heard, by their Counsel, against the Bill, upon both the said Petitions, on Wednesday next, before the Second Reading of the said Bill; and that Counsel may be heard for the Bill also, before the Second Reading thereof:

Inhabitants of Marlborough, &c. against the Bill:

Likewise, a Petition of several Stage Coachmen and Masters or Owners of Coaches, Waggoners and Owners of Waggons, Carriers, Drovers, Clothiers, and others, that use the Road between Colnbrook and Kensington, living in or near the Borough of Marlborough, Ramsbury, Ogborne, and Avebury, in the County of Wilts, and Places adjacent, whose Names are thereunto subscribed:

Trowbridge, &c. against it.

Also, a Petition of several Stage Coachmen and Masters or Owners of Coaches, Waggoners and Owners of Waggons, Carriers, Drovers, Clothiers, and others, that use the Road between Colnbrook and Kensington, living in or near Trowbridge, Bradford, Hilperton, Melkesham, and Bath, in the Counties of Wilts and Somerset, whose Names are thereunto subscribed:

Warmister, &c. against it.

Also, a Petition of several Stage Coachmen and Masters or Owners of Coaches, Waggoners and Owners of Waggons, Carriers, Drovers, Clothiers, and others, that use the Road between Staines and Kensington, living in or near Warmister, Westbury, Maiden Bradly, Sutton, in the County of Wilts, and Places adjacent, whose Names are thereunto subscribed:

Cricklade, &c. against it:

And also, a Petition of several Stage Coachmen and Masters or Owners of Coaches, Waggoners and Owners of Waggons, Carriers, Drovers, Clothiers, and others, that use the Road between Colnbrook and Kensington, living in or near the Borough of Cricklade, and Parishes of Purton, Marston, Latten, and Radborne, in the County of Wilts, and Places adjacent, whose Names are thereunto subscribed:

Were severally presented to the House, and read; praying, "That they may have Liberty to be heard more particularly, by their Counsel, against the aforementioned Bill, for repairing the Highways between Kensington and Colnbrook aforesaid:"

Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, on Wednesday next, before the Second Reading thereof, provided the Number of Counsel do not exceed Four on all the said Petitions.

Cary attached, for Non payment of Costs to White.

Upon reading the Petition of John White Esquire and Katherine his Wife, Respondents to the Appeal of John Cary Esquire; setting forth, "That, on hearing the Cause the First of June Instant, this House was pleased to order the said Appellant to pay, or cause to be paid, to the Petitioners, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal; and, on the Fourth of this Month, the Petitioner John White personally served the said Appellant with the said Order; and at the same Time, as also again the same Day, demanded from him the Costs so as aforesaid awarded; which the said Appellant, in Contempt of the said Order, refused to pay the Petitioner;" and praying, "That such Order may be made in the Premises, for the Petitioner's Relief, as to the great Wisdom of the House shall be thought fit:"

And the Petitioner being called in; and attesting, upon Oath, at the Bar, the Service of the said Order, and Refusal of Payment of the said Costs:

It is Ordered, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said John Cary, for his Contempt in disobeying the said Order; and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir William Oldes, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Edinburgh, Duty on Ale, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Edinburgh and Privileges thereof, for the Benefit of the said City; and for discontinuing the Payment of the Dues commonly called the Petty Port Customs at Edinburgh, during the Continuance of this Act."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it:

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Meller:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

L. Harborough's Petition referred to Judges.

Upon reading the Petition of Bennet Lord Harborough, Francis Kelham Clerk, and Francis Storer Clerk; praying Leave to bring in a Bill, for making effectual an Exchange between his Lordship and the said Francis Kelham, of an Annuity of Fifty-five Ponnds, in Lieu of the Tithes of Saxby, in the County of Leicester, and Lands of a greater Value, in Lieu of the Glebe there; and also an Agreement between his Lordship and the said Francis Storer, for settling an Annuity of Six Pounds, in Lieu of the Tithes of Lands in Saxby Common Field; to which the Lord Bishop of Lincoln hath consented:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Mountague and Mr. Baron Fortescue; 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.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to continue and revise several Acts therein mentioned, for appointing Commissioners, to take, examine, and state, the Debts due to the Army; and also to enable the said Commissioners to determine the said Debts, and to grant Certificates of such Debts, in order to making out Debentures for the same; and for enabling the Commissioners appointed to inquire into the forfeited Estates to certify the Names of Persons who have been in Possession, or received any Rents out of the said forfeited Estates, into the Exchequer; and for enlarging the Time for making Claims on the said Estates; and for enabling Trustees for Creditors or Children to make Claims for such Creditors or Children;" to which they desire the Concurrence of this House.

Richmond's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Estate of Thomas Richmond Esquire, deceased, to be sold, for Payment of his Debts, Legacies, and Funeral Expences, according to the Will of the said Thomas Richmond."

Ordered, That the said Bill be committed to the same Committee to whom Newman's Bill stands committed; to meet on the same Day, and at the same Place.

Heldt et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize John Jacob Heldt, Theodore Van Rheden, and others."

Ordered, That the said Bill be committed to the same Committee to whom Newman's Bill stands committed; to meet at the same Place, on Tuesday Morning next.

Act for Papists to Register their Estates, Bill to explain.

Ordered, That this House shall be put into a Committee of the whole House on the Bill, intituled, An Act for explaining an Act passed the last Session of Parliament, intituled, An Act to oblige Papists to register their Names and Real Estates, and for enlarging the Time for such registering," upon Wednesday next; and that the Judges do then attend this House.

Causes removed.

Ordered, That the Cause which is appointed to be heard To-morrow be put off to Tuesday next; and the other Causes removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.