House of Lords Journal Volume 19: 8 April 1712

DIE Martis, 8 Aprilis.

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. Murray and others:

With a Bill, intituled, "An Act to restore the Patrons to their ancient Rights of presenting Ministers to the Churches vacant in that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.

Presentations in Scotland, for restoring Patrons to, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to restore the Patrons to their ancient Rights of presenting Ministers to the Churches vacant in that Part of Great Britain called Scotland."

Ordered, That the said Bill be read a Second Time on Saturday next, at One a Clock; and all the Lords summoned.

General Assembly to be heard about it.

Upon reading the Petition of the (fn. 2) Commission of the late General Assembly of the Church of Scotland; praying, "That they may be heard, by their Counsel, as to what they have to represent, concerning the Bill to restore the Patrons to their ancient Rights of presenting Ministers to the Churches vacant in that Part of Great Britain called Scotland:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, on Saturday next, before the Second Reading of the said Bill.

Sir R. Home versus Sir P. Home, Cross Appeal.

Upon reading the Petition and Appeal of Sir Robert Home Baronet, from an Interlocutor, or Decree, of the Lords of Council and Session in Scotland, of the 10th of February 1708; and other subsequent Interlocutors, of the 17th of December 1708 and the 5th of January 1709, made on the Behalf of Sir Patrick Home Baronet; praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Patrick Home may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Twentyeighth Day of this Instant April, at Eleven a Clock.

More's Bill.

The Lord Howard of Escrick reported from the Lords Committees, to whom the Bill, intituled, "An Act for selling certain Lands, Part of the Manor of Wightfield, alias Whitefield, and other Lands, in the County of Gloucester, for the Payment of the Debts heretofore of Mary Fermor Widow, and of John More Junior, of Kirtlington, in the County of Nottingham, Esquire, and Margaret his Wife," was committed: "That they had considered the said Bill; and think the same fit to pass, with One Amendment."

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

Hamilton versus Lady Cardross:

After hearing Counsel, upon the Petition of Appeal of John Hamilton, of Pumpherston, Esquire, complaining of an Interlocutor, or Decree, of the Lords of Council and Session in Scotland, made on the Behalf of Catherine Lady Cardross, the 20th of February 1708; and of an Interlocutor pronounced the 15th of July 1708, and of One other Interlocutor pronounced the 16th of July 1708, whereby the Appellant was decreed to quit his Possession of the Lands therein mentioned; and praying to be relieved against the same: As also upon the Answer of the said Lady Cardross put in to the said Appeal; and due Consideration of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors, Decree, and Orders, complained of in the said Appeal, shall be, and are hereby, reversed; and that the Lords of Session do order the Appellant to be forthwith restored to the Possession of the said Lands, and to have Satisfaction for what he has lost, in respect of the Profits of the said Lands, by reason of the Decree, Orders, and Interlocutors, hereby reversed.

Patrick, Leave for a Bill.

After reading the Report of the Judges, to whom was referred the Petition of Penelope Patrick Widow, and others; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir William Whitlocke and others:

With the Bill, intituled, "An Act for making the Ship Success a free Ship;" to which they desire the Concurrence of this House."

Success, a free Ship, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the Ship Success a free Ship."

Henley's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Trustees to cut and sell Timber on the Estate late of Anthony Henley Esquire, deceased; and for applying the Money thereby arising towards Payment of his Younger Children's Portions, provided by his Marriage Settlement; and also for transferring certain Estates, by the same Settlement now vested in Richard Norton Esquire, to other Trustees, on the same Trusts."

Sir Robert Home, for a Grant.

Upon reading the Petition of Sir Robert Home Baronet; shewing, "That he hath appealed to this House, from several Interlocutory Orders, made by the Lords of Council and Session in Scotland, in a certain Cause, between the Petitioner and Sir Patrick Home Baronet; and there being an original Grant, or Disposition, made by Sir John Home the Petitioner's Grandfather, of an Apprising against the Estate at Lamerton, and of all the said Sir John's Moveable or Personal Estate, to Sir Alexand'r Home the Petitioner's Father, bearing Date the 6th Day of October 1670, lying in the general Registry of Council and Session aforesaid, which is absolutely necessary to be produced for the maintaining his said Appeal; and praying an Order to the Lord Register there, or his Deputy, to deliver the Petitioner's Agent the said original Grant, or Disposition, to be brought up at the Petitioner's Charge, in order to produce the same at the Hearing of the said Appeal, on Condition that the Petitioner's Agent give Security for returning the same back to the Register at a certain Day:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Register, or his Deputy, do deliver the said original Grant or Disposition to the Petitioner's Agent, on the Conditions abovementioned.

Patrick's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Dalham, and other Manors and Hereditaments, in the County of Suffolk and elsewhere, late the Estate of Symon Patrick Clerk, deceased, for the several Purposes therein mentioned."

Kilburn to Sparrow's Hern Highways, Bill:

The House was (according to Order) adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repairing the Highway, between a certain Place called Kilburn Bridge, in the County of Midd'x, and Sparrow's Herne, in the County of Hertford."

And, after some Time, the House was resumed.

And the Earl of Abingdon reported from the Committee of the whole House, "That they had gone through the Bill; and think it fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Highway, between a certain Place called Kilburne Bridge, in the County of Middlesex, and Sparrow's Herne, in the County of Hertford."

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. Orlebar and Mr. Browning:

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.