House of Lords Journal Volume 19: 3 June 1713

DIE Mercurii, 3 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Salisbury's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better enabling James Earl of Salisbury and his Trustees to make Sale of certain Manors, Lands, and Hereditaments, in the Counties of Northampton and Dorset, and a Fee-farm Rent, for the Purposes in the said Act mentioned."

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. Orlebar and Mr. Holford:

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

Ly. Mohun versus Terret, in Error:

Whereas this Day was appointed, for hearing the Errors argued, upon the Writ of Error brought into this House from Her Majesty's Court of Exchequer, the Eighth Day of May last, wherein Elizabeth Lady Mohun is Plaintiff, and Isaac Terret Defendant; Counsel appearing for the Defendant, but no Counsel for the Plaintiff:

Judgement affirmed, with Costs.

It is therefore Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the said Court of Exchequer, and the Judgement given in the Council Chamber, for the said Isaac Terret, against the said Lady Mohun, shall be, and are hereby, affirmed; and that the Record be remitted, to the End Execution may be had upon the said Judgements, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Lady Mohun shall pay, or cause to be paid, to the said Isaac Terret, the Sum of Twenty Pounds, for his Costs in this House.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Et quia Curia Parliamenti præd. de Judicio suo de & super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus prædictis, coram Domina Regina, in eadem Curia Parliamenti apud Westm. in Com. Midd'x, usque Diem Mercurii, Tertium Diem Junii, Anno Regni dictæ Dominæ Reginæ nunc Duodecimo, de Judicio suo inde audiend. &c.; ad quem Diem, coram Domina Regina, in eadem Curia Parliamenti apud Westm. præd. ven. Partes præd. per Attorn. suos præd.; super quo, visis & per Curiam Parliamenti præd. examinat. tam Record. & Process. præd. ac Judic. præd. superinde reddit. quam Causis pro Error. superinde assignat. & allegat.; videtur Curiæ Parliamenti præd. quod Record. ill. in nullo vitiosum seu defectivum existit, & quod in Record. & Process. præd. in nullo est Erratum: Ideo consideratum est per Curiam Parliamenti præd. quod Judic. præd. in omnibus affirmentur, & in omnibus suis Robore stent & Effectu; dictis Causis pro Error. assignat. in aliquo non obstan.: Et ulterius per eandem Curiam Parliamenti præd. consideratum est, quod præd. Isaacus Terrett recuperet versus præfat. Elizabetham Dominam Mohun Viginti Libras, eidem Isaaco Terrett adjudicat. pro Misis & Custagiis suis, quæ sustin. Occasione Dilationis Executionis Judic. præd. Prætextu Prosecutionis præd. Brevis de Error. hic in eadem Curia Parliamenti; ac superinde Record. præd. necnon Process. præd. per Curiam Parliamenti Curiæ Scaccarii dictæ Dominæ Reginæ remittuntur, ad Executionem superinde pro dicto Isaaco Terrett, fiend. &c."

Clothiers, &c. Essex, Petition, concerning the Treaty of Commerce with France.

A Petition of the Clothiers and Baymakers of Bocking, Braintree, and Dunmow, in the County of Essex, on Behalf of themselves and many Thousands more, concerned in the said Manufactures;

And also, a Petition of the Saymakers and Clothiers of South Halstead and Castle Heddingham, in the County of Essex, on Behalf of themselves and many Thousands more, concerned in the said Manufactures;

Were severally presented to the House, and read; relating to the Trade and Manufactures of this Kingdom, with respect to the Treaty of Navigation and Commerce between Great Britain and France.

And the said Petitions were ordered to lie on the Table.

Enclosures in Yorkshire, for endowing poor Vicarages, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making Enclosures of some Part of the Common Grounds, in the West Riding of the County of York, for the endowing poor Vicarages and Chapelries, for the better Support of their Ministers."

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

Their Lordships, or any Five of them; to meet on Monday next, 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 was brought from the House of Commons, by Mr. Goulston and others:

With a Bill, intituled, "An Act for repairing the Highway, or Road, from The Stones End, in the Parish of St. Leonard Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Endfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford;" to which they desire the Concurrence of this House.

Shoreditch to Enfield, High way, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Highway, or Road, from The Stones End, in the Parish of [ (fn. 1) St. Leonard] Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Endfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford."

Soldiers, &c. to exercise Trades, and Officers to accompt, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable such Officers and Soldiers as have been in Her Majesty's Service during the late War to exercise Trades; and for Officers to accompt with their Soldiers."

Ormsby, further Time to answer.

Upon reading the Petition of Anthony Ormsby Esquire; shewing, "That he was served with an Order of this House, to answer the Appeal of Henry Croasdale, the 5th of this Instant June; that his Habitation is above Sixty Miles from Dublin, by Means of which it is impossible for him to put in an Answer by that Time; and praying Ten Days further Time for that Purpose:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Time allowed him for answering the said Appeal, according to the Prayer of his Petition.

Sir C. Gresham's Bill.

The Lord Delawar reported from the Lords Committees, to whom the Bill, intituled, "An Act for enabling Sir Charles Gresham Baronet to raise the Sum of Five Thousand Pounds, and Interest, and Maintenance for Elizabeth the Daughter of his Brother Sir Edward Gresham Baronet, deceased, and to make Provision for his Younger Children," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had made several Amendments thereunto."

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

Booth's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Booth Gentleman to sell certain Lands and Hereditaments, in the County of Chester, for Payment of the Debts of his Brother, with whom, and for which, he stands bound; and for applying the Surplus (if any) of the Money raised for such Purpose, towards Payment of their own proper Debts."

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

It was Resolved in the Affirmative.

Descury & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Simon Descury, Peter Ribot, Peter Laffitte, and others."

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. Orlebar and Mr. Holford:

To carry down the Two last mentioned Bills, and desire their Concurrence.

E. Thomond's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming several Grants in Fee-farm, made by Henry Earl of Thomond, by virtue of, or since the passing, a former Act of Parliament; and for giving some Ease and Relief to the Purchasers under or since the said former Act."

And an Amendment being made to the said Bill, at the Table;

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Holford:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which they desire their Concurrence.

L. Stourton's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for divesting the Crown of the Remainder in Fee Simple of and in the Manor and Advowson of Stourton, in the County of Wilts, and several Lands, Tenements, and Hereditaments, to the same Manor belonging, expectant on certain Estates Tail; and for vesting the same in certain other Persons therein named, to the Intent the same may be barred by proper Methods in Law, for the Purposes therein mentioned."

Queen's Consent to it.

The Lord Chancellor acquainted the House, "That Her Majesty, having been informed of the said Bill, was pleased to quit Her Interest in the Estate therein mentioned, and consent to the passing thereof."

Ordered, That the Consideration of the said Bill be committed to the same Committee to whom the Bill for making Enclosures of some Part of the Common Grounds, in the West Riding of the County of York, for endowing poor Vicarages, stands committed; to meet at the same Time and Place.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Cholmondeley and others:

With a Bill, intituled, "An Act to explain a Clause in an Act of the last Session of Parliament, intituled, An Act for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for the electing Knights of Shires to serve in Parliament, as far as the same relates to the ascertaining the Value of Freeholds of Forty Shillings per Annum;" to which they desire the Concurrence of this House.

County Elections, Bill to avoid fraudulent Conveyances, for multiplying Votes at.

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain a Clause in an Act of the last Session of Parliament, intituled, An Act for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for the electing Knights of Shires to serve in Parliament, as far as the same relates to the ascertaining the Value of Freeholds of Forty Shillings per Annum."

Malt Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting to Her Majesty Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Thirteen; and for making forth Duplicates of Lottery Tickets lost, burnt, or destroyed; and for enlarging the Time for adjusting Claims in several Lottery Acts; and to punish the counterfeiting or forging of Lottery Orders; and for explaining a late Act, in relation to Stamp Duties on Customary Estates which pass by Deed and Copy."

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

L. Ormstoun versus Hamilton.

Ordered, That the Cause wherein Adam Cokburne Lord Ormstoun is Appellant, and John Hamilton Respondent, which was appointed to be heard on Friday, be put off till Thursday the Eleventh Instant; and the other Causes removed in Course.

Adjourn.

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