BHO

House of Lords Journal Volume 18: 24 February 1708

Pages 478-479

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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Citation:
Page 478
Page 479

In this section

Die Martis, 24 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunel. & D. Crewe.
Epus. Winton.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Oxon.
Epus. Bangor.
Epus. Carliol.
Epus. Lincoln.
Epus. Landaven.
Ds. Cancellarius.
Dux Beaufort.
Dux Bolton.
Dux Queensberry.
Dux Montrose.
Dux Roxburghe.
March. Dorchester.
March. Tweeddale.
March. Lothian.
Comes Derby.
Comes Dorsett & Middl'x.
Comes Westmorland.
Comes Rivers.
Comes Peterborow.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Cardigan.
Comes Anglesey.
Comes Torrington.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Greenwich.
Comes Wharton.
Comes Poulett.
Comes Cholmondeley.
Comes Sutherland.
Comes Mar.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Seafield.
Comes Stair.
Comes Roseberie.
Comes Glasgow.
Comes Play.
Viscount Townshend.
Viscount Weymouth.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Howard Esc.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.
Ds. Hervey.

PRAYERS.

Pile, Leave for a Bill.

After reading, and considering, the Report of Mr. Justice Tracey and Mr. Baron Smith, to whom was referred the Petition of Sir Seymour Pile Baronet, 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 hereby Leave given to bring in a Bill, according to the Prayer of the said Petition.

Church Statutes, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the avoiding of Doubts and Questions, touching the Statutes of divers Cathedral and Collegiate Churches."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Baron Smith and Mr. Justice Dormer:

To carry down the said Bill, and desire their Concurrence thereunto.

Return of Peers of Scotland, Bill to settle, and Trials of Peers for Offences committed there.

Hodie 2a vice lecta est Billa, "intituled, "An Act to make further Provision for electing and summoning Sixteen Peers of Scotland to sit in the House of Peers in the Parliament of Great Britain, and for trying Peers for Offences committed in Scotland."

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

Messages from H. C. with Bills.

A Message from the House of Commons, by Sir William Strickland and others:

Who brought up a Bill, intituled, "An Act for the public registering of all Deeds, Conveyances, and Wills, and other Incumbrances, that shall be made of, or that may affect, any Honours, Manors, Lands, Tenements, or Hereditaments, within The East Riding of the County of York, or the Town and County of the Town of Kingston upon Hull;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act for the more effectual Discovery of the Death of Persons pretended to be alive, to the Prejudice of those who claim Estates after their Deaths;" to which they desire the Concurrence of this House.

Discovery of Death of Persons pretended to be alive, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the more effectual Discovery of the Death of Persons pretended to be alive, to the Prejudice of those who claim Estates after their Deaths."

Ordered, That the said Bill be read a Second Time on Saturday next, at Twelve a Clock; and that some of the Judges do then attend.

Stephens's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for selling the Estate of Thomas Stephens Esquire, in the Counties of Chester and Stafford; and for settling of another Estate, of as great or greater Value, in the County of Gloucester, to the same Uses."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Rogers:

To carry down the said Bill, and desire their Concurrence thereunto.

Sir Ralph Milbanke's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Sir Ralph Milbanke Baronet to make a Jointure and Settlement upon such Woman as he shall marry, as if he were of full Age."

Upon the First Reading of the Bill, intituled, "An Act to enable Sir Ralph Milbanke Baronet to make a Jointure and Settlement upon such Woman as he shall marry, as if he were of full Age:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to Mr. Justice Powys and Mr. Baron Smith; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Watchet Harbour, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Harbour and Key of Watchett, in the County of Somerset."

Ordered, That the Consideration of the said Bill be committed to the Lords following:

Dux Beaufort.
Dux Bolton.
Dux Montross.
March. Dorchester.
Comes Derby.
Comes Dorsett & Middl'x.
Comes Westmorland.
Comes Rivers.
Comes Stamford.
Comes Sunderland.
Comes Scarsdale.
Comes Cardigan.
Comes Anglesey.
Comes Torrington.
Comes Scarbrough.
Comes Warrington.
Comes Orford.
Comes Jersey.
Comes Greenwich.
Comes Wharton.
Comes Poulett.
Comes Sutherland.
Comes Mar.
Comes Loudoun.
Comes Seafield.
Comes Glasgow.
Comes Play.
Viscount Townshend.
Viscount Weymouth.
Epus. London.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Oxon.
Epus. Bangor.
Epus. Carliol.
Epus. Lincoln.
Epus. Landaven.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Howard Esc.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.
Ds. Hervey.

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

Bunker versus Cooke et al. in Error:

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Seventeenth Day of January last, from Her Majesty's Court of Queen's Bench, wherein Judgement is entered for William Cooke and Robert Bokenham, against Joseph Bunker:

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 Judgement given in Her Majesty's Court of Queen's Bench, for the said William Cooke and Robert Bokenham, against the said Joseph Bunker, shall be, and is hereby, affirmed; and that the Record shall be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be assixed to the Record to be remitted, follows;

"Postmodumque, scilicet, Die Martis, Vicesimo Quarto Die Februarii, Anno Regni dictæ Dominæ Reginæ nunc Sexto, visis et per Cur. Parliament præd. diligenter examinatis et plenius intellectis tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Caus. pro Error. assign. et allegat. videtur Cur. Parliamenti præd. nunc hic, quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. et Process præd. in nullo est Errat. Ideo considerat. est per eandem Cur. Parliamenti præd. quod Judicium præd. in omnibus affirmetur, ac in omni suo Robore stet et Effectu; dict. Caus. superius pro Error. assignat. in aliquo non obstant.; et quod præd. Will'us Cooke et Rob'tus Bokenham in Cur. dictæ Dominæ Reginæ, coram ipsa Regina, habeant inde Executionem suam versus præd. Josephum Bunker, juxta Form. et Effect. Judic. præd.; ac superinde Record. et Process. præd. Cur. dictæ Dominæ Reginæ hic Parliament. præd. per eandem Cur. Parliament. præd. Curiæ dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. remittuntur, &c."

Adjourn.

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