House of Lords Journal Volume 19: 8 February 1712

DIE Veneris, 8 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with a Bill; and to return the Bill for Assize of Fuel.

A Message was brought from the House of Commons, by Sir Simeon Stuart and others:

With a Bill, intituled, "An Act to prevent the disturbing those of the Episcopal Communion, in that Part of Great Britain called Scotland, in the Exercise of their Religious Worship, and in the Use of the Liturgy of the Church of England; and for repealing the Act passed in the Parliament of Scotland, intituled, Act against irregular Baptisms and Marriages;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Sir William Whitlocke and others:

To return the Bill, intituled, "An Act for explaining and altering the Laws now in being, concerning the Assizes of Fuel, so far as they relate to the Assize of Billet made, or to be made, of Beech-wood only;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Duke and Dutchess of Hamilton versus Lord Mohun, Privilege:

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom was referred the Consideration of the Petition of the most Noble James Duke of Hamilton and Elizabeth Dutchess of Hamilton his Wife, Daughter and Heir of Digby Lord Gerrard, deceased; praying, "That they may be at Liberty to proceed in a Cause depending in the Court of Chancery, between the Petitioners and the Lord Mohun, so as to obtain what of Right and Justice shall belong to them, by Virtue of a Decree of the said Court, without incurring the Displeasure of this Honourable House, by Reason of the said Lord Mohun's insisting on his Privilege;" as also the Answer of the Lord Mohun put in thereunto: "That the Committee had considered the Matter to them referred, and were come to the following Resolution; (videlicet,)

L. Mohun's Privilege allowed.

"That the Lord Mohun, in this Case, as it now appears before this Committee, has Privilege."

Then, it being proposed, "To agree with the Committee in this Resolution;"

And Debate thereupon:

The Question was put, "Whether to agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

Crawford versus Crawford.

Upon reading the Petition and Appeal of John Crawford, an Infant, by Jane his Mother and Guardian, against a Sentence, or Decree, pronounced by the Lords of Council and Session in Scotland, the Nineteenth Day of July last, and afterwards by them adhered to, after several Re-hearings, the last of which was on the Eleventh Day of January last, on the Behalf of Archibald Crawford; praying, "That the Sentences and Interlocutors in the Appeal mentioned may be set aside, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Archibald Crawford may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Fourteenth Day of March next, at Eleven a Clock.

Wich versus Sir J. Packington.

Upon reading the Petition and Appeal of Jermin Wich Esquire, Son, Heir, and Executor, of Sir Cyril Wich Knight, deceased, who was Administrator to Dame Susan his Wife, who was Relict and Executrix of Sir Herbert Parot, deceased, from a Decree made the 21st Day of June 1708, in Her Majesty's Court of Exchequer, in a Cause there depending, wherein the Appellant was Defendant, and Sir John Packington and his Lady Complainants, and of a subsequent Decree, and several Orders made in this Cause, on the Behalf of Sir John Packington and his Wife; praying, "That the said Decrees and Orders may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Packington and his Wife may have a Copy of the said Appeal; and put in their Answer thereunto, in Writing, on or before Friday the Twenty-ninth Day of this Instant February, at Eleven a Clock.

D. of Bedford & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Elizabeth Dutchess Dowager of Bedford and others; 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 Leave to bring in a Bill, according to the Prayer of the said Petition.

Episcopal Communion, Scotland, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent the disturbing those of the Episcopal Communion, in that Part of Great Britain called Scotland, in the Exercise of their Religious Worship, and in the Use of the Liturgy of the Church of England; and for repealing the Act passed in the Parliament of Scotland, intituled, Act against irregular Baptisms and Marriages."

Ordered, That the said Bill be read a Second Time on Monday next; and all the Lords summoned.

Bp of London & al. versus Inhabitants of Hammersmith; Charlewood, in Custody for not paying Costs, discharged.

Upon reading the Petition of John Charlewood of Hammersmith Butcher, One of the Appellants from a Decree made on the Behalf of Henry Lord Bishop of London, and Michael Hutchinson Clerk; shewing, "That, on Saturday last, he was attached, by the Serjeant at Arms attending this House, for not paying Fifty Pounds Costs to the Respondents, according to a Judgement of this House the Eighteenth of May last; and that he hath since paid and satisfied the Respondents the said Fifty Pounds Costs; and praying to be discharged out of Custody:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Charlewood shall be, and he is hereby, discharged (paying his Fees): And this shall be a sufficient Warrant on that Behalf.

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, nonum diem instantis Februarii, hora duodecima, Dominis sic decernentibus.