House of Lords Journal Volume 18: 3 March 1708

DIE Mercurii, 3 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Prayers.

Tuckfield's Bill.

After reading, and considering, the Report of the Judges, to whom was referred the Bill, intituled, "An Act for vesting in Roger Tuckfield Esquire several Lands purchased for him by Sir William Davye Baronet, deceased:"

It is Ordered, That the said Bill be read a Second Time.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Roger Tuckfield Esquire several Lands purchased for him by Sir William Davye Baronet, deceased."

Ordered, That the Consideration of the said Bill be referred to the same Committee to whom Mr. Cheek's Bill stands committed.

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

Bromley's Bill.

The Earl of Orford reported from the Lords Committees, the Bill, intituled, "An Act for making effectual the Provision intended by William Bromley, late of Holt Castle, in the County of Worcester, Esquire, for Dorothy Bromley, his Youngest Daughter," as fit to pass, with One Amendment.

Which was read Twice, and agreed to, and the Bill ordered to be engrossed, with the said Amendment.

Sir R. Milbanke's Bill.

After reading, and considering, the Report of the Judges, to whom was referred 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, That the said Bill be read a Second Time.

Hodie 2^a 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."

Ordered, That the Consideration of the said last mentioned Bill be referred to the same Committee to whom Mr. Cheek's Bill stands committed.

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

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for making Two large Fly Boats (Russia-built), one called The Thomas and Henry, the other The Richard and Jane, free Ships, to trade to Russia;" to which they desire the Concurrence of this House.

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

Hodie 2^a 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 this House be put into a Committee upon the said Bill, on Saturday next, the First Business; and that the Judges in Town do then attend.

Hinde to attend.

The House being informed, "That Thomas Hinde, ordered Yesterday to be attached, is now in Custody:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do bring the said Thomas Hinde to the Bar of this House Tomorrow; and that he be not suffered, in the mean Time, to speak with any Person, but in the Presence of the Person who has him in Custody.

To the Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Then, it being proposed, "To hear the Cause appointed this Day;" and Debate thereupon:

The Question was put, "Whether this House shall now proceed on the Cause?"

It was Resolved in the Affirmative.

Alibon versus Attorney General:

After hearing Counsel, upon the Petition and Appeal of Job Alibon and Nevill Ridley, from a Decree made in the Court of Exchequer, the Thirteenth Day of November last, on the Behalf of Her Majesty's Attorney General; and praying, "That the said Decree, or Decretal Order, and Judgement of the Court of Exchequer, therein complained of, may be reversed and set aside; and the Bill, or Information, as far as concerns the Petitioners, may be dismissed out of the Court of Exchequer:" As also upon the Answer of Her Majesty's Attorney General put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Job Alibon and Neville Ridley shall be, and is hereby, dismissed this House; and that the Decree of the Court of Exchequer, therein complained of, shall be, and is hereby, affirmed.

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

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to make further Provision for the 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."

After some Time spent therein, the House was resumed.

And the Lord Bishop of Salisbury reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, with some Amendments."

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Woolmere versus Markes.

Upon reading the Petition and Appeal of Charles Woolmere and John Sympson Gentlemen, the only Two Defendants brought to Hearing in this Cause, wherein Richard Markes is Plaintiff, from a Decree formerly pronounced in Her Majesty's Court of Exchequer, and made absolute on Friday the Thirteenth Day of February last, and since drawn up and entered in the said Court; and praying the Reversal of the said Decree:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Markes may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Wednesday the Seventeenth Day of this Instant March, at Eleven a Clock.

E. of Kimarnock's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting several Messuages, Houses, Lands, and Tenements, in the County of Dublin, in the Kingdom of Ireland, formerly the Estate of Thomas Boyd Esquire, in Trustees, to be sold, for the Payment of the Debts of Lettice late Countess of Kilmarnock deceased, and for raising Portions for the Younger Children of the said Countess."

Ordered, That the Consideration of the said Bill be referred to the same Committee to whom Mr. Cheek's Bill stands committed.

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

E. Bindon et al. Leave for a Bill.

After reading, and considering, the Report of the Lord Chief Justice of the Court of Queen's Bench and Mr. Justice Dormer, to whom was referred the Petition of Henry Earl of Bindon, 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 to bring in a Bill, according to the Prayer of the said Petition.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable the Countess of Bindon, together with the Right Honourable Henry Earl of Bindon her now Husband, to make Leases of the Manor and Town of Carloe, in the County of Catherlagh and Queen's County, in the Kingdom of Ireland; and for the evidencing of the Settlements made by Henry late Earl of Thomond."

Bagot's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Relief of Elianor Bagot."

Tutto versus Kempe, in Error:

Upon reading the Petition of Randolph Tutte, praying Judgement upon the Writ of Error formerly heard in this House, in which Thomas Kempe and Page Hockett are Plaintiffs, and the Petitioner Defendant:

Judgement affirmed.

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 Randolph Tutte, against Thomas Kempe and Page Hockett, shall be, and is hereby, affirmed; and that the Record be remitted, to the End Judgement may be had thereupon, as if no such Record had been brought into this House.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, 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 Mercurii, Tertium Diem Martii prox. futur. ubicunque &c. de Judicio suo de et super Præmiss. 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. Thomas Kempe et Page Hockett, quam præd. Rand'us Tutte, in propriis Personis suis; super quo, visis Præmissis, et per Cur. dict. Dominæ Reginæ nunc hic in Parliamento suo, diligent. examinat. et plenius intellect. tam Record. et Process. præd. ac Adjudication. Execution. præd. superinde 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 Adjudication. Execution. præd. in omnibus affirmetur, & in omni suo Robore stet & Effectu, dictis Causis superius pro Error. assign. in aliquo non obstant.; & quod præd. Randolphus Tutte in Curia dictæ Dominæ Reginæ, coram ipsa Regina, habeat inde Executionem suam versus præfat. Thomam Kempe & Page Hocket, juxta Formam & Effect. Adjudication. Execution. præd.; ac superinde Record. & Process. præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. per Curiam dictæ Dominæ Reginæ, hic in Parliamento suo remittuntur, &c."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.