House of Lords Journal Volume 18: 22 December 1708

Die Mercurii, 22 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Nine."

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 on the said Bill.

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Haydon & al. Petition, referred to Judges.

Upon reading the Petition of Alice Haydon, Widow and Relict of Gideon Haydon Esquire, deceased, and William Fitch Esquire, Uncle and Guardian of Gideon Haydon and Thomas Haydon, Infants, Children of the said Gideon and Alice, and Trustee in the Marriage Settlement of the said Gideon and Alice, for and on Behalf of the said Infants, and themselves and others; praying Leave to bring in a Bill, for Sale of the Manors of Farwood and Farway, and other Lands and Tenements, in the County of Devon, for Payment of the Debts wherewith they are incumbered; and for laying out the Overplus of the Money in the Purchase of other Lands and Tenements, to be settled for the Jointure of the Petitioner Alice, and for the Provision of the said Infants:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Gould and Mr. Baron Bury; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Attorney General versus Crofts & al.

Upon reading the Petition of Her Majesty's Attorney General Appellant, against Roger Crofts and others Respondents; praying a Day may be appointed for hearing the said Appeal:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on the Fourth Day of the Sitting of this House after Christmas.

De la Fountaine & al. Nat. Bill.

Upon reading the Petitions of James De la Fountaine, Lewis Fenhoulet, and others; praying Leave to be added to the Bill for Naturalization now depending in this House:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners may be added to the said Bill, according to the Prayer of their Petitions.

Calendrini & al. versus Hugueton.

Upon reading the Petition of John Lewis Calendrini and John James Ployard, Merchants; shewing, "That, after a tedious Suit at Law, they recovered a Judgement, against one John Henry Hugueton, for Twelve Hundred and Fifty Pounds, and Hugueton brought a Writ of Error in the Queen's Bench; and, after long Delay, Judgement was affirmed thereon for the Petitioners; and Hugueton running away beyond the Seas, the Petitioners put the Recognizance in Suit against Rene Rauc and Mathew Kirwood, who are Hugueton's Security: That, last Michaelmas Term, the Lord Chancellor did pronounce Judgement for Sir John Trevor Knight and Sir Lacon William Child Knight, whose Names were made Use of as Plaintiffs in the Proceedings for the Petitioners; and a Writ of Error was brought the same Day Judgement was given; and they have not yet transcribed the Record, or made any Manner of Proceeding since that Time; and the Petitioners Agents dare not take out any Execution, on the said Judgement obtained on the said Recognizance, without Leave of this House; and praying, that they may be at Liberty to take out Execution upon the Judgement obtained on the said Recognizance, or proceed for the obtaining their Debt; and that Service upon the said Hugueton's Attorney may be good Service of this Order:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Henry Hu gueton, or his Agents, shall cause the said Record to be transcribed, and brought into this House on or before the First Day of the Sitting of this House after the Recess now at Hand; and, on Failure thereof, the Petitioners John Lewis Calendrini and John James Ployard to take out Execution upon the said Judgement obtained upon the Recognizance, or proceed as they shall be advised therein, for the obtaining their Debt; and that the Service of this Order upon the said Hugueton's Attorney in this Cause shall be good Service.

Champernowne versus Hillersden.

Upon reading the Petition and Appeal of Henry Champernowne, from a Decree made in the Court of Chancery, the Twentieth of June in the Fifth Year of Her present Majesty's Reign, on the Behalf of Ursula Hillersden; and praying the Reversal of the said Decree; and that the Respondent may answer the Petition, and all Proceedings below stayed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Ursula Hillersden may have a Copy of the said Appeal, and shall and she is hereby required to put in her Answer thereunto, in Writing, on the Seventh Day of January next, at Eleven a Clock; and that in the mean Time all Proceedings on the said Decree be stayed.

Elections of Peers in Scotland, to be considered.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, on the First Day of the Sitting of this House after the Recess now at Hand, the House shall take into Consideration the Petitions and Representations before their Lordships, relating to the Elections of Peers in Scotland.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.