House of Lords Journal Volume 18: 23 February 1708

DIE Lunæ, 23 Februarii.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

London to Harwich, Highways, Bill.

The Earl of Warrington reported from the Lords Committees, the Bill, intituled, "An Act for enlarging the Term in an Act, made in the Seventh Year of His late Majesty's Reign, for repairing the Highways between the City of London, and Town of Harwich, in the County of Essex," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term in an Act made in the Seventh Year of His late Majesty's Reign, for repairing the Highways between the City of London, and Town of Harwich, in the County of Essex."

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

It was Resolved in the Affirmative.

Ordered; That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

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

The Lord Chief Justice of the Court of Common Pleas delivered a Bill, pursuant to the Order of this House, 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."

Hodie 1^a 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."

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

Queen present:

Her Majesty, being seated on Her Royal Throne, adorned with Her Crown and Regal Ornaments, attended with Her Officers of State (the Peers being in their Robes), commanded the Deputy Gentleman Usher of the Black Rod to let the Commons know, "It is Her Majesty's Pleasure, that they attend Her presently, in the House of Peers."

Who being come, with their Speaker;

The Clerk of the Parliaments received the Money Bill from the Hands of the Speaker, and brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills to be passed, as follows; (videlicet,)

Bills passed.

"1. An Act for encouraging the dressing and dying of Woollen Cloths within this Kingdom, by laying a Duty upon Broad Cloth exported White."

To this Bill the Clerk of the Parliaments pronounced the Royal Assent in these Words; (videlicet,)

"La Raine remercie ses bon Subjects, accepte leur Benevolence, et ainsi le veult."

"2. An Act for the Exportation of White Woollen Cloth."

"3. An Act for the better recruiting Her Majesty's Land Forces and the Marines, for the Year One Thousand Seven Hundred and Eight."

"4. An Act for erecting a Workhouse in the Town and Borough of Plimouth, in the County of Devon; and for setting the Poor on Work, and maintaining them there."

"5. An Act for enlarging the Term in an Act, made in the Seventh Year of His late Majesty, for repairing the Highways between the City of London, and the Town of Harwich, in the County of Essex."

To these Bills; the Clerk of the Parliaments pronounced the Royal Assent, severally, in these Words; (videlicet,)

"La Raine le veult."

Then Her Majesty was pleased to withdraw; and the Commons returned to their House.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Tutte versus Kempe, in Error:

Upon reading the Petition of Randolph Tutte Gentleman, Executor of Thomas Meacham deceased; shewing, "That the Petitioner recovered a Judgement, after a Verdict in the Common Pleas; against James Vavasor; who sued out a Writ of Error thereupon; returnable into the Court of Queen's Bench, to which Writ Thomas Kempe and Page Hocket entered into a Recognizance as Bail, and that Judgement was affirmed in the Queen's Bench; after which, Thomas Kempe and Page Hockett sued out a Writ of Error, returnable in Parliament, which was argued the Twelfth of January last; and it appearing there was One single Word mistaken in the Record and Transcript, by Mistake of the Clerk, (videlicet,) it was said, Randulphus Tutte sued out the Writ of Error in the original Action in the Common Pleas, instead of Jacobus Vavasor; upon which, this House suspended giving Judgement: That the Record in the Queen's Bench is since amended by the Court, upon hearing Counsel there, and a Rule was granted for that Purpose;" and praying, "That the Transcript before this House may be amended, and made to agree with the Record below, by razing out the Word ["Randulphus"] and inserting the Word ["Jacobus."]

Transcript to be amended.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the proper Officer of the Court of Queen's Bench attend, with the Record of that Court, in order to amend the Transcript before this House.

Owners of Ship Worcester, Petition.

Upon reading the Petition of the Owners and Freighters of the Ship Worcester, seized and condemned in Scotland; praying, "That they may be heard, by their Counsel, or otherwise, before the passing of the Bill, intituled, An Act for the better securing the Trade of this Kingdom, by Cruizers and Convoys; which takes away the Relief intended them by Her Majesty:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by themselves or Counsel, before the Committee of the whole House to whom the Bill stands committed, To-morrow, if the Committee shall think fit.

Lord Bellow versus Kelly et al.

Whereas Wednesday next was appointed for hearing the Cause, wherein Richard Lord Bellew is Appellant, and Dennis Kelly and his Wife are Respondents; as also the Cross Cause, wherein Dennis Kelly and his Wife are Appellants, and Richard Lord Bellew Respondent:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Causes on Thursday the Six and Twentieth Day of this Instant February, at Eleven a Clock; and that all other Causes appointed to be heard be removed, to come on in Course.

Bunker versus Cooke et al. in Error.

After hearing Counsel this Day, in Part, to argue the Errors upon the Writ of Error depending in this House, wherein Joseph Bunker is Plaintiff, and William Cooke and Robert Bokenham Defendants:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to hear Counsel thereon, To-morrow, at Eleven a Clock, the First Business.

Warner et al. versus Hawes.

Whereas To-morrow was appointed for hearing of the Cause wherein Anne Warner and others are Appellants, and Thomas and Anne Hawes are Respondents:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, peremptorily, on Friday next, at Eleven a Clock.

Adjourn.

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