House of Lords Journal Volume 18: 16 December 1707

Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 18: 16 December 1707', in Journal of the House of Lords: Volume 18, 1705-1709, (London, 1767-1830) pp. 363-364. British History Online https://www.british-history.ac.uk/lords-jrnl/vol18/pp363-364 [accessed 25 April 2024]

In this section

DIE Martis, 16 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Eliens.
Epus. Petriburg.
Epus. Cicestr.
Epus. Bangor.
Epus. Landaven.		 Ds. Cancellarius.
Comes Godolphin, Thesaurarius.
Dux Newcastle, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Graston.
Dux Northumberland.
Dux Bolton.
Dux Marlborough.
Dux Queensberry.
Dux Montross.
Dux Roxburgh.
March. Kent, Camerarius.
March. Dorchester.
March. Tweeddale.
March. Lothian.
Comes Derby.
Comes Bridgewater.
Comes Leicester.
Comes Rivers.
Comes Stamford.
Comes Carnarvon.
Comes Essex.
Comes Nottingham.
Comes Rochester.
Comes Scarbrough.
Comes Orford.
Comes Grantham.
Comes Greenwich.
Comes Wharton.
Comes Poulett.
Comes Cholmondeley.
Comes Bindon.
Comes Crafurd.
Comes Sutherland.
Comes Mar.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Seafield.
Comes Stair.
Comes Roseberie.
Comes Glasgow.
Viscount Townshend.		 Ds. Lawarr.
Ds. d' Berkeley.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Guilford.
Ds. Herbert.
Ds. Haversham.
Ds. Halifax.
Ds. Gernsey.
Ds. Hervey.

PRAYERS.

Two Acts passed in Scotland, to repeal, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repealing and declaring the Determination of Two Acts passed in the Parliament of Scotland; the one, intituled, "Act for the Security of the Kingdom;" the other, "Act anent Peace and War."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Eight;" to which they desire the Concurrence of this House.

Land Tax Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Eight."

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Robert Eden and others:

Who brought up a Bill, intituled, "An Act for naturalizing Marcos Dos Santos;" to which they desire the Concurrence of this House.

Dos Santos, Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Marcos Dos Santos."

Report on Merchants Petition to be made.

Ordered, That the Report from the Lords Committees appointed to consider of the Petition of several Merchants, on Behalf of themselves and others, Traders of the City of London, shall be made To-morrow, at Twelve a Clock.

Commodore Kerr to attend.

The House being informed, "That Commodore Kerr (by Her Majesty's Command) attended at the Door:"

It is Ordered, That the said Commodore Kerr do attend this House on Thursday next, at Eleven a Clock.

Freman's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting in Ralph Freman the Younger Esquire, and his Heirs, divers Manors and Lands, in the County of Essex, comprised in the Marriage Settlement; he having settled other Manors and Lands, in the County of Hertford, of greater Value, to like Uses, in Lieu thereof."

Private Bills, Amendments made to Standing Order relative to, confirmed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Amendments made to the Standing Order of this House, of the Sixteenth of February One Thousand Seven Hundred and Five, relating to Private Bills, being as follows; (videlicet,) after "Parties," insert [" and perusing the Bill"]; and after "Hands," insert [" and are to sign the said Bill"]; and after "Bill," insert ["by sending a Copy thereof, signed by the Clerk of the Parliaments, to the Judges"], shall be, and are hereby ordered to be, added to the said Order, and made Part thereof.

Kempe versus Tutte.

Upon reading the Petition of Randolph Tutte; shewing, "That Thomas Kempe and Page Hockett have brought a Writ of Error into this House, upon an original Process of Scire Facias Executionem being awarded to the Petitioner, and the said Writ brought for Delay; and praying a Day may be appointed for hearing the Errors argued in this Case:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued on the Third Day of the Sitting of this House after the Recess after Christmas next.

French versus Chichester & al.

The House being this Day moved, on Behalf of Arthur Chichester Esquire and Edward Dodderidge, Respondents, "That a Day may be appointed for hearing the Appeal depending in this House, wherein John French Esquire and Anne his Wife, Executrix of Henry Chichester Esquire, deceased, are Appellants:

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 the Fifth Day of the Sitting of this House after the Recess after Christmas next.

Queen's Answer to Address.

The Lord Steward reported, " That Her Majesty had been attended, with the Address of this House, made Yesterday; and Her Majesty's Answer is to this Effect; (videlicet,)

"That Her Majesty would give the necessary Orders therein."

Fugill versus Robinson & al.

Upon reading the Petition of Jonathan Fugill, Respondent to the Petition and Appeal of Jane Robinson, Mary Robinson, and Charles Robinson: praying, "That he may be admitted in Forma Pauperis (he having been so admitted in the Court below); and may have further Time to answer the said Petition; and that Mr. Dod and Mr. Lutwich may be assigned Counsel for him in this House:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall have further Time allowed, to answer the said Appeal, until the Seventh Day of January next; and shall be admitted in Forma Pauperis; and that Mr. Dod and Mr. Lutwich shall be, and they are hereby, assigned Counsel for the Petitioner.

Maizeaux & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Peter Des Maizeaux, Francis Heilman, John Risteau, Peter Bouvot, and others."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Dux Somerset.
Dux Richmond.
Dux Bolton.
Dux Queensberry.
March. Dorchester.
March. Lothian.
Comes Bridgewater.
Comes Rivers.
Comes Stamford.
Comes Essex.
Comes Nottingham.
Comes Rochester.
Comes Scarbrough.
Comes Orford.
Comes Greenwich.
Comes Wharton.
Comes Poulet.
Comes Cholmondeley.
Comes Bindon.
Comes Crafurd.
Comes Sutherland.
Comes Mar.
Comes Loudoun.
Comes Leven.
Comes Seafield.
Viscount Townshend.		 Arch. Cantuar.
Epus. Winton.
Epus. Sarum.
Epus. Eliens.
Epus. Petriburg.
Epus. Cicestr.
Epus. Bangor.
Epus. Landaven.		 Ds. Lawarr.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Guilford.
Ds. Herbert.
Ds. Haversham.
Ds. Halifax.
Ds. Gernsey.
Ds. Hervey.

Their Lordships, or any Five of them; to meet on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Thomas versus Gardner, in Error:

Whereas, by virtue of Her Majesty's Writ of Error returnable in Parliament, a Record out of Her Majesty's Court of Queen's Bench was brought into this House, the Eight and Twentieth of November last, wherein Judgement was affirmed for John Gardner, against the Plaintiff Snelling Thomas Esquire; and this Day being appointed for hearing the Errors argued thereupon; Counsel appearing for the Defendant, but none for the Plaintiff, in the said Writ of Error:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Affirmation of the Judgement given in Her Majesty's Court of Queen's Bench, for the said John Gardner, against the said Snelling Thomas, shall be, and is hereby, affirmed: And it is further Ordered, That the said Snelling Thomas shall pay, or cause to be paid, unto the said John Gardner, the Sum of Forty Pounds, for his Costs in defending the said Suit in this House, and for that the said Writ of Error appeared to be brought for Delay.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows; (videlicet,)

"Et quia Cur. dictæ Dominæ Reginæ hic, coram ipsa Domina Regina, in Parliamento suo, de Judicio suo de et super Præmissis reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram Domina Regina, in Parliamento suo, usque Diem Martis, Decimum Sextum Diem Decembris prox. futur. ubicunque &c. de Judicio suo de et super Præmissis ill. audiend. eo quod Cur. dictæ Dominæ Reginæ hic in Parliamento suo inde nondum &c. Ad quem Diem, coram Domina Regina, in Parliamento suo, ven. tam præd. Snelling Thomas quam præd. Johannes Gardner in propriis Personis suis: Super quo, visis Præmissis, et per Cur. dictæ Dominæ Reginæ nunc hic in Parliamento suo diligenter examinat. et plenius intellect. tam Record. et Process. præd. ac Judicio præd. super inde reddit. quam præd. Causis superius pro Error. assign. et allegat. pro eo quod videtur Cur. dictæ Dominæ Reginæ nunc hic in Parliamento suo, quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. ill. in nullo est Errat: Ideo considerat. est, quod Judicium præd. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dictis Causis superius pro Error. assign. in aliquo non obstant.; et quod præd. Joh'es Gardner in Cur. dictæ Dominæ Reginæ, coram ipsa Regina, habeat inde Executionem suam versus prefat. Snelling Thomas, juxta Forman et Effectum Judicii præd. Et ulterius per Cur. dictæ Dominæ Reginæ hic in Parliamento suo considerat. est, quod præd. Joh'es Gardner recuperet versus præfat. Snelling Thomas Quadragint. Libras eidem Joh'i Gardner per Cur. dictæ Dominæ Reginæ hic in Parliamento suo adjudicat. pro Misis et Custag. suis quæ sustin. Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis Brevis de Error. ac superinde Record. et Process. præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. per Cur. Dominæ Reginæ hic in Parliamento suo remittuntur."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

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