House of Lords Journal Volume 19: 19 June 1712

DIE Jovis, 19 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H.C. with a Bill.

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

With a Bill, intituled, "An Act for laying additional Duties on Hides and Skins, Vellum, and Parchment, and new Duties on Starch, Coffee, Tea, Drugs, Gilt and Silver Wire, and Policies of Insurance, to secure a Yearly Fund, for Satisfaction of Orders to the Contributors of a further Sum of One Million Eight Hundred Thousand Pounds, towards Her Majesty's Supply; and for the better securing the Duties on Candles; and for obviating Doubts concerning certain Payments in Scotland; and for suppressing unlawful Lotteries, and other Devices of the same Kind; and concerning Cake Soap; and for Relief of Mary Ravenall, in relation to an Annuity of Eighteen Pounds per Annum; and concerning Prize Cocoa Nuts brought from America; and certain Tickets, which were intended to be subscribed into the Stock of the South Sea Company; and for appropriating the Monies granted in this Session of Parliament;" to which they desire the Concurrence of this House.

Negotiations relating to the Preliminaries in 1709, &c. delivered.

The House being informed, "That a Person from the Secretary's Office attended:"

He was called in; and delivered, at the Bar, pursuant to the Address of this House to Her Majesty on the Twenty-eighth of May last, and by Her Majesty's Command, several Papers, with a List thereof, intituled as follows; (videlicet,) "Papers touching the Negotiaations and Transactions relating to the Articles preliminary to the Treaty of a general Peace in 1709, and the Negotiations and Transactions at Gertruydenberg."

And withdrew.

Then, the said Title being read;

Ordered, That the said Papers do lie on the Table, to be perused by the Lords.

Additional Duties on Hides, &c. Bill.

Hodie 1^a et 2^a vice lecta est Billa, intituled, "An Act for laying additional Duties on Hides and Skins, Vellum, and Parchment; and new Duties on Starch, Coffee, Tea, Drugs, Gilt and Silver Wire, and Policies of Insurance, to secure a Yearly Fund, for Satisfaction of Orders to the Contributors of a further Sum of One Million Eight Hundred Thousand Pounds towards Her Majesty's Supply; and for the better securing the Duties on Candles; and for obviating Doubts concerning certain Payments in Scotland; and for suppressing unlawful Lotteries, and other Devices of the same Kind, and concerning Cake Soap; and for the Relief of Mary Ravenall, in relation to an Annuity of Eighteen Pounds per Annum; and concerning Prize Cocoa Nuts brought from America; and certain Tickets, which were intended to be subscribed into the Stock of the South Sea Company; and for appropriating the Monies granted in this Session of Parliament."

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

Commissioners for Accompts of the Army, &c. Bill;

Hodie 2^a vice lecta est Billa, intituled, "An Act for the appointing Commissioners, to take, examine, and determine, the Debts due to the Army, Transport Service, and Sick and Wounded."

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."

Hodie 3^a vice lecta est Billa, intituled, "An Act for the appointing Commissioners, to take, examine, and determine, the Debts due to the Army, Transport Service, and Sick and Wounded."

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. Browning:

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

Printed Protest, Report concerning.

The Earl of Clarendon reported from the Lords Committees appointed to inquire, who is the Printer and Publisher of "The Reasons for the Protestation entred in the Journal of this House the Twenty-eighth of May last;" as also who directed and advised the Printing thereof: "That the Committee had met, and ordered the Messenger of the Press to endeavour to discover the Printer and Publisher of the said Reasons; and afterwards examined him in relation thereunto; who acquainted their Lordships, "That, having no Power given him to search any Printing-houses or Presses, he had not, as yet, been able to make any Discovery herein;" and that the Committee thereupon were come to a Resolution, which they had directed him to report to the House; (videlicet,)

That it is the Opinion of this Committee, "That the House be moved, That an humble Address be presented to Her Majesty, that Her Majesty would be pleased to issue Her Royal Proclamation, promising a Reward to any that shall discover the Printer and Publisher of "The Reasons for the Protestation entered in the Journal of this House the Twenty-eighth of May last."

Which Resolution being read by the Clerk;

Complaint was made to the House, "That the Reasons for the Protestation entered in the Journal of this House the Seventh Instant are also printed and published."

Whereupon, the House taking into Consideration the Matters aforesaid, the following Address was agreed to; (videlicet,)

Address for Discovery of the Printer, &c.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to Her Majesty, "That Her Majesty will be graciously pleased to direct such Methods to be taken, as Her Majesty shall think most proper, in order to discover the Printers and Publishers of "The Reasons for the Protestation entred in the Journal of this House the Twenty-eighth of May last;" and of one other malicious and scandalous Paper, intituled, "The Protest of the L-s, upon a-Her M-for Her Sp-, with the Names of the Lords. Price 2d.;" and of any Person or Persons directing the Printing thereof; and that Her Majesty will give such Reward for such Discovery as Her Majesty, in Her great Wisdom, shall think fit."

Ordered, That the said Address be presented to Her Majesty by the Lords with White Staves.

Partis versus Eglesham, in Error:

Whereas, by virtue of Her Majesty's Writ of Error, a Record of the Court of Queen's Bench was brought into this House, the Ninth Day of June Instant, wherein Francis Partis is Plaintiff, and John Egelsham Defendant; whereupon the said Plaintiff assigned the common Error; and set forth, "That there were no Warrants of Attorney on Record, or Bill, or Writ of Inquiry, filed; and prayed a Certiorari, to certify the Truth in the Premises; but no Return of such Writ was made:" Upon which the said Defendant having joined in Error; and this Day being appointed for hearing the Errors argued in this Case; Counsel appeared for the Defendant in Error; but no Counsel for the Plaintiff:

Judgement affirmed, with Costs.

It is therefore Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of Queen's Bench for the said John Egelsham, and the Affirmance thereof in the Exchequer Chamber, shall be, and are hereby, affirmed; and that the Record be remitted to the said Court of Queen's Bench, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Francis Partis shall pay, or cause to be paid, to the said John Egelsham, the Sum of Fifty Pounds, for his Costs sustained by reason of the Delay of Execution of the said Judgement, occasioned by the said Writ of Error.

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

Et quia Curia Parliamenti de Judicio suo de et super Præmissis reddend. nondum advisatur, Dies inde dat. est Partibus præd. usque Diem Jovis, Decimum Nonum Diem Junii extunc prox. sequen. apud Westmonasier. in Comitat. Midd. de Judicio suo audiend. eo quod Curia Parliamenti præd. nondum &c.; ad quem Diem, coram Curia Parliamenti præd. ven. tam præd. Joh'es Egelsham per Attornatum suum præd. quam præd. Franciscus Partis per Attornatum suum præd.; super quo, visis et per Curiam Parliamenti præd. examinatis tam Record. et Process. præd. ac Judic. præd. superinde reddit. et Reddition. Affirmation. Judicii præd. quam Caus. pro Error. superinde assign. cons. est per Curiam Parliamenti præd. quod Judic. præd. et Affirmation. ejusdem Judic. præd. in omnibus affirmentur, et in omnibus suis Robor. stent et Effectu, dictis Causis pro Error. assign. in aliquo non obstant.; et quod præd. Joh'es Egelsham in Curia dictæ Dominæ Reginæ, coram ipsa Regina, habeat inde Executionem suam versus præsat. Franciscum Partis juxta Formam et Effectum Judic. prædictorum. Et ulterius per eandem Curiam Parliamenti præd. cons. est, quod præd. Joh'es Egelsham recuperet versus præsat. (fn. 1) Franciscum Partis Quinquaginta Libras, eidem. Joh'i Egelsham pro Mis. et Custag. suis, quæ sustinuit Occasione Dilationis Execution. Judic. præd. Prætextu Prosecutionis præd. Brevis de Error. hic in eadem Curia Parliamenti."

Adjourn.

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