House of Lords Journal Volume 20: 19 February 1718

DIE Mercurii, 19 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Barnardiston versus Chapman, &c. Certiorari refused by the Cursitor:

The House was informed, "That Errors were assigned, on the Writ of Error depending in this House, wherein Barnardiston & al. are Plaintiffs, and Chapman & al. Defendants, and Diminution therein alledged, and a Certiorari prayed and awarded; and that, Application having been made to Mr. Fish, One of the Cursitors of London and Midd'x, for a Certiorari accordingly, the same was refused by the proper Officer, who insisted on having a special Order of this House for that Purpose, or a Warrant from the King or Council, and moreover demanded a Fee of £. 6."

And thereupon the Standing Order of this House, of the 13th of December 1661, touching the Proceedings on Writs of Error, being read:

Thomas Mathew, Solicitor for the Plaintiffs in the said Writ, was called in; and examined, upon Oath, at the Bar, in relation to the Matter above-mentioned.

And withdrew.

And the following Orders were made:

Mr. Fish to attend.

"Ordered, That the said Mr. Fish and his Father do attend this House on Friday next."

"Ordered, That the Clerk of the Parliaments do give a Certificate, that Diminution has been by the Plaintiffs in the said Writ of Error alledged, and a Certiorari prayed and awarded thereupon."

Motion for a Standing Order for the Clerk to give Certificates:

Then a Motion being made, "That it be a Standing Order of this House, That in all Cases, upon Writs of Error depending in this House, when Diminution shall be at any Time alledged, and a Certiorari prayed and awarded, before In nullo est Erratum pleaded, the Clerk of the Parliaments shall, upon Request to him made, give a Certificate, that Diminution is so alledged, and a Certiorari prayed and awarded thereupon."

Ordered, That this House will, on Friday Morning next, take the said Motion into Consideration; and that the Lords be summoned to attend the Service of the House on that Occasion.

Preston & al. versus L. Ferrard, Pleadings proved.

The House being informed, "That Thomas Cole attended, with several Papers, relating to a Cause, wherein Mary Preston & al. are Appellants, and Henry Lord Ferrard is Respondent; and that the said Cole, having Occasion to be absent, desired now to prove the said Papers to be true Copies:"

He was thereupon called in; and delivered several Papers at the Bar; and attested, upon Oath, "That the same were true Copies, he having examined them with the Originals."

And then he withdrew.

Inhabitants of Bristol against the Bill concerning the Poor there.

Upon reading the Petition of the major Part of the Guardians of the Corporation for the Poor, and several Freeholders and principal Inhabitants, of the City of Bristol, in the Behalf of themselves and many others; setting forth, "That there is a Bill now depending in this House, relating to the Corporation of the Poor in the said City; and that the same hath been begun and carried on without the Knowledge or Privity of the said Corporation, or any of the Petitioners;" and praying, "That they may have a Copy of the said Bill; and, if necessary, be heard by their Counsel before the same do pass:"

It is Ordered, That the Petitioners may have a Copy of the said Bill; and be heard, by their Counsel, at the Second Reading thereof, if they think fit: And it is further Ordered, That the said Bill, which was appointed to be read a Second Time To-morrow, be read a Second Time on Thursday the Twenty-seventh Day of this Instant February.

King's Answer to the Address for the Treaty, &c.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House of Yesterday; and that His Majesty had been pleased to give Orders accordingly."

Shirt versus Carr, in Error.

After hearing Counsel, to argue the Errors assigned upon a Writ of Error, brought into this House the 16th Day of December last, wherein Robert Shirt Gentleman is Plaintiff, and Charles Carr Defendant, in order to reverse a Judgement in the Court of King's Bench in England, in Affirmance of a Judgement in the Court of King's Bench in Ireland, whereby a Judgement for the Plaintiff in Ejectment in the Court of Common Pleas in that Kingdom was reversed; and due Consideration of what was offered on either Side thereupon:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench in England, in Affirmance of a Judgement in the Court of King's Bench in Ireland, whereby a Judgement for the Plaintiff in Ejectment in the Court of Common Pleas in that Kingdom was reversed, be, and the same is hereby, affirmed; and that the said Writ of Error, with the Transcript of the Record, be remitted to the Court of King's Bench in England, to the End the said Charles Carr may have Execution of the said Judgements, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Sed quia Cur. Parliamenti præd. nunc hic de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram dicto Domino Rege, in eadem Cur. Parliamenti apud Westm. usque Diem Mercurii, Decimum Nonum Diem Februarii, Anno Regni dicti Domini Regis Quarto supradicto, de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. nunc hic inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in eadem Cur. Parliamenti apud Westm. vener. Partes præd. per Attorn. suos præd.; super quo, vis. et per Cur. Parliamenti præd. diligenter examinat. et plen. intellect. tam Record. et Process. præd. ac Judic. superinde reddit. quam præd. Causis pro Error. superius assign. et allegat. videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum seu defectivum existit, et quod in Record et Process. præd. in nullo est Erratum: Ideo consideratum est per eandem Cur. Parliamenti, quod præd. Judicium Affirmationis Judicii Reversationis præd. in omnibus affirmetur, et in omni suo Robore stet et Effectu, dictis Causis pro Error. assign. in aliquo non obstan.; et quod præd. Carolus Carr in Cur. ipsius Domini Regis, coram ipso Rege, in præd. Regno Hib'niæ, habeat inde Executionem, juxta Formam et Effectum Judic. ill.; ac superinde Record. præd. & Process. præd. per eandem Cur. Parliamenti Cur. dicti Domini Regis, coram ipso Rege, ubicunque &c: remittuntur, et in eadem Cur. jam residen. &c."

Treaties with the Emperor delivered.

The Lord Privy Seal presented to the House, by His Majesty's Command, pursuant to their Lordships Address of Yesterday, several Papers; the Titles whereof were read, as follow:

1. "Copy. Defensive Alliance between His Majesty and the Emperor. Westm'r, 25th May, 1716."

2. "Copy of the Separate Article of the Defensive Alliance between His Majesty and the Emperor. Dat. Westm'r, 25th May, 1716."

3. "Copy of the additional Separate and Secret Article between the Emperor and the King. 1st September, 1717."

Maidenhead Highway Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highways from Maidenhead Bridge to Sunning Lane End, (next to Twiford) in the Road to Reading, and from the said Bridge to Henley Bridge, in the County of Berks."

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

St. Michael Cornhill, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for finishing the Tower of the Parish Church of St. Michael's Cornhill, London, out of the Duties arising pursuant to the Act of the Ninth Year of the late Queen, for building Fifty new Churches, in and about the Cities of London and Westm'r, and Suburbs thereof.

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

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

Adjourn.

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