DIE Mercurii, 23 Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Contuar.
Arch. Ebor.
Epus. Petriburg.
Epus. Bangor.
Epus. Carliol.
Epus. Lincoln.
Epus. Norwic. |
Ds. Cancellarius.
Ds. Sommers, Præses.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux St. Albans.
Dux Hamilton.
Dux Montrose.
Dux Roxburghe.
Dux Dover.
March. Kent, Camerarius.
March. Dorchester.
March. Annandale.
Comes Derby.
Comes Lincoln.
Comes Dorsett & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Denbigh.
Comes Westmoreland.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Yarmouth.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Orford.
Comes Greenwich.
Comes Wharton.
Comes Poulet.
Comes Cholmondeley.
Comes Bindon.
Comes Crafurd.
Comes Mar.
Comes Loudoun.
Comes Leven.
Comes Northesk.
Comes Seafield.
Viscount Hereford.
Viscount Townshend. |
Ds. Leigh.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Halifax.
Ds. Gernsey. |
PRAYERS.
E. Yarmouth takes the Oaths.
This Day William Earl of Yarmouth took the Oaths,
and made and subscribed the Declaration, and also took
and subscribed the Oath of Abjuration, pursuant to the
Statutes.
Message from H. C. to return Lady Duffus's Nat. Bill.
A Message was brought from the House of Commons,
by the Lord William Pawlet and others:
To return the Bill, intituled, "An Act for naturalizing Charlotta Christiana Lady Duffus;" and to acquaint this House, that they have agreed to the same,
without any Amendment.
Message from thence, with a Bill.
A Message from the House of Commons, by Mr.
Denzil Onslow and others:
Who brought up a Bill, intituled, "An Act for explaining and making more effectual that Part of an
Act passed in the Fifth Year of Her present Majesty's Reign, concerning the buying and selling of Cattle in Smithfield; and for giving Leave for bringing up
Calves dead to London, as formerly;" to which they
desire the Concurrence of this House.
Clarke versus Scroggs, in Error.
Upon reading the Petition of William Clarke; praying,
"That the arguing the Errors upon his Writ of Error,
appointed this Day, may be put off to a further
Day:"
Petition rejected:
It is Ordered, That the said Petition shall be, and
is hereby, rejected.
Judgement affirmed, with Costs.
Whereas this Day was appointed for hearing the Errors argued, upon the Writ of Error brought into this
House the Twelfth Day of January last, wherein William
Clarke is Plaintiff, and Dame Anne Scroggs Widow
Defendant, to reverse a Judgement given in the Court
of Queen's Bench, for the said Anne Scroggs, against the
said William Clarke, and affirmed in the Exchequer
Chamber; Counsel appearing for the said Anne Scroggs,
but no Counsel for the said William Clarke:
It is this Day Ordered and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That
the said Judgement given in Her Majesty's Court of
Queen's Bench, for the said Anne Scroggs, against the said
William Clarke, shall be, and is hereby, affirmed; and
that the Record may be remitted, to the End Execution may be had thereupon: And it is further Ordered, That the said William Clarke shall pay, or cause to
be paid, to the said Anne Scroggs, the Sum of Twenty
Pounds, for her Costs.
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted,
follows; (videlicet,)
"Sed quia præd. Cur. Parliamenti de Judicio suo
de et super Præmissis reddend. nondum advisatur; Dies
inde dat. est tam præsato Will'o Clarke, quam præd.
Annæ Scroggs, coram eadem Curia Parliamenti, usque
Diem Mercurii, Vicesimum Tertium Diem Februarii
prox. sequen. apud Westm. in Comit. Mid'x, de
Judicio suo inde audiend. eo quod Cur. Parliamenti
præd. inde nondum &c.; ad quem Diem coram eadem
Curia Parliamenti apud Westm. præd. ven. Partes
præd. per Attornat. suos præd.; super quo, visis et
per Curiam Parliamenti præd. plenius intellectis omnibus et singulis Præmissis, diligenterque examinat. et
inspect. tam Record. et Process. præd. ac Judic
superinde reddit. quam præd. Causis et Materiis
per præd. Will'um Clarke superius pro Error. assignat.
maturaque Deliberatione inde habita, videtur Cur.
Parliamenti præd. quod nec in Record. & Process.
præd. nec in Redditione Judicii præd. nec in Affirmatione ejusdem Judicii, in ullo est Errat.; ac quod
Record. ill. in nullo vitiosum aut defectivum existit: Ideo ad tunc & ibidem per eandem Curiam Parliamenti considerat. est, quod Judic. præd. in omnibus affirmetur, ac in omni suo Robore stet et Effectu,
dictis Causis et Materiis per præfat. Will'um pro Error. assign. et allegat. in aliquo non obstantibus. Et
ulterius, per eandem Curiam Parliamenti cons. est,
quod præd. Anna Scroggs recuperet versus præfat.
Will'um Clarke Viginti Libras, eidem Annæ, ex Assensu
suo, per Curiam Parliamenti præd. juxta Forman
Statuti inde edit. proprius adjudicat. pro Dampnis,
Misis, et Custagiis suis, quæ habuit Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis dicti Brevis de Error.; & quod præd. Anna
habeat inde Execution. &c.; super quo Record. præd.
necnon Process. præd. in eadem Curia Parliamenti
in Præmissis habit. per Curiam Parliamenti præd.
Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. remittuntur, ita quod præd. Anna
Scroggs Executionem superinde in eadem Curia habeat, &c."
Howe et al. Leave for a Bill.
After reading, and considering, the Report of the
Lord Chief Justice of Her Majesty's Court of Queen's
Bench and Mr. Justice Powell, to whom was referred
the Petition of William Howe Esquire and Mabell his
Wife, and John Howe Son and Heir Apparent of the
said William; praying Leave to bring in a Bill, for the
Purposes in the Petition mentioned:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have
hereby Leave given to bring in a Bill, according to the
Prayer of the said Petition.
Bridges et al. Executors of the E. of Kildare. versus Sir A. Shaen.
Upon reading the Petition of George Rodney Bridges,
and Richard Bagot Esquire, the surviving Executors and
Devisees of John late Earl of Kildare, of the Kingdom
of Ireland, deceased, complaining of several Proceedings of Sir Arthur Shaen, in Ireland, contrary to the
Judgement and Orders of this House formerly made, on
the Appeal of John late Earl of Kildare; and the Answer of Sir Arthur Shaen put in thereunto; and praying, "That the said (fn. *)
Arthur Shaen may be compelled
to answer this Petition at the Bar of this House; they
being Representatives and Trustees of the said late
Earl of Kildare:"
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That Sir Arthur Shaen shall
have a Copy of the said Petition; and shall and he is
hereby required personally to appear before this
House, and put in his Answer, in Writing, to the said
Petition, on Wednesday the Three and Twentieth Day
of March next, at Eleven a Clock; and hereof he may
not fail, as the contrary will be answered to this House.
Lords Committees appointed to state Matters of Fact,
as formerly ordered and adjudged, upon the Appeal of the late Earl of Kildare, and the Answer of
Sir Arthur Shaen; and report to the House.
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Ds. Sommers, Præses.
Dux Northumberland.
Dux St. Albans.
Dux Hamilton.
Comes Bridgewater.
Comes Essex.
Comes Rochester.
Comes Scarbrough.
Comes Greenwich.
Comes Wharton.
Comes Mar.
Comes Wemyss.
Comes Seafield.
Viscount Townshend. |
Epus. Petriburg.
Epus. Bangor.
Epus. Carliol. |
Ds. Chandos.
Ds. Hunsdon.
Ds. Mohun.
Ds. Leigh.
Ds. Rockingham.
Ds. Cornwallis.
Ds. Guilford.
Ds. Halifax.
Ds. Gernsey. |
Their Lordships, or any Three of them; to meet
To-morrow, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Pierpont's Bill.
The Lord Guilford reported from the Lords Committees, the Bill, intituled, "An Act for better establishing certain Charities of John Pierrepont," as fit to
pass, with some Amendments.
Which were read Twice, and agreed to; and the Bill
ordered to be engrossed, with the said Amendments.
Lacy's Bill.
The Lord Gernsey reported from the Lords Committees, the Bill, intituled, "An Act for vesting divers
Manors, Lands, and Tenements, of John Lacy Esquire, in the Counties of Essex, Cambridge, and
Middl'x, to be sold, for Payment of his Debts, making Provision for his Children unprovided for, and
other Purposes therein mentioned," as fit to pass,
with some Amendments.
Which were read Twice, and agreed to; and the Bill
ordered to be engrossed, with the said Amendments.
Malt, &c. Duties, Bill.
The House, pursuant to Order, was adjourned during Pleasure, and put into a Committee upon the 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 Nine."
After some Time spent therein, the House was resumed.
And the Earl of Seafield reported, "That the
Committee of the whole House had gone through
the said Bill; and think it fit to pass, without any
Amendments."
Hodie 3a
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 Nine."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords agree to it.
A Message was sent to the House of Commons, by
Mr. Gery and Mr. Hiccocks:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Shireburne versus Hitch, in Error.
After hearing Counsel, the One and Twentieth Instant, to argue the Errors assigned upon the Writ of
Error brought into this House the Twelfth Day of
January last, from Her Majesty's Court of Queen's
Bench, wherein Judgement is given for Robert Hitch
Esquire, against Sir Nicholas Shireburne Baronet, for
reversing a Judgement given in Her Majesty's Court of
Common Pleas, for the said Sir Nicholas Shireburne,
against the said Robert Hitch:
Judgement affirmed.
After due Consideration of what was offered thereupon,
it is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Judgement given in Her Majesty's Court of Queen's
Bench for the said Robert Hitch shall be, and is hereby,
affirmed; and that the Record be remitted, to the End
Execution may be had thereupon.
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted,
is as follows; (videlicet,)
Emendat per Ord 5 Dec'r's 1709.
"Sed quia præd. Cur. Parliamenti de Judicio suo
de et super Præmissis reddend. nondum advisatur,
Dies inde dat. est tam præfato Nic'o Shireburne, quam
præd. Rob'to Hitch, coram eadem Cur. Parliamenti,
usque Diem Mercurii, Vicesimum Tertium Diem Februarii prox. sequen. apud Westm. in Comitat. Midd'x, de Judicio suo inde audiend. eo quod Cur.
Parliamenti præd. inde nondum &c.; ad quem Diem,
coram eadem Curia Parliamenti apud Westm. præd.
ven. Partes præd. per Attornatos suos præd.; plenius
intellect. omnibus et singulis Præmissis, diligenterque
examinatis et inspectis tam Record. et Process. præd.
quam præd. Causis et Materiis per præd. Nich'um
Shireburne superius pro Error. assign. maturaque
Deliberatione inde habita, videtur Cur. Parliamenti
præd. quod nec in Record. et Process. præd. nec in
Redditione Judicii præd. in præd. Cur. Dominæ Reginæ, coram ipsa Regina, in ullo est Errat.: Ideo ad
tunc et ibidem per eandem Curiam Parliamenti considerat. est, quod Judicium præd. per præd. Curiam
Dominæ Reginæ, coram ipsa Regina, reddit. in omnibus affirmetur, ac in omni suo Robore stet et Effectu, dictis Causis et Materiis per præfat. Nich'um
Shireburne pro Error. assign. et allegat. in aliquo non
obstant.; [ (fn. *) et quod præd. Rob'tus habeat Breve præfat. Archiepiscopo, Ecclesiæ illius Ordinario, quod,
non obstant. Reclam. ipsius Nico'i Shireburn idon.
Person. ad Ecclesiam præd. ad Presentation. ipsius
Rob'ti admittat.] &c.; super quo, Record. præd. necnon Process. præd. in eadem Curia Parliamenti in
Præmissis habit. per Curiam Parliamenti præd. Cur.
dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. remittuntur, ita quod præd. Rob'tus Hitch
Executionem superinde in eadem Curia habeat, &c."
Pleading in Actions for recovering Presentations.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare a Bill, to be laid before this House, for the rendering the Methods of pleading in Actions brought for
recovering of Presentations to Livings more clear and
easy.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Februarii, hora undecima
Auroræ, Dominis sic decernentibus.