House of Lords Journal Volume 19: 8 July 1713

DIE Mercurii, 8 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Seale and Wood discharged.

Whereas Philip Seal and Nicholas Wood, in Custody of the Gentleman Usher of the Black Rod, for illegally taking and detaining in Custody William Osman, Steward to the Right Honourable the Lord Bergevenny, and uttering several Words derogatory to the Person of the said Lord, were this Day (according to Order) brought to the Bar; and being, on their Knees, reprimanded by the Lord Chancellor for their said Offence:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Philip Seal and Nicholas Wood shall be, and they are hereby, discharged (paying their Fees); and this shall be a sufficient Warrant on that Behalf.

To Sir William Oldes, Gentleman Usher of the Black Rod attending this House, his Deputy, or Deputies, and every of them.

Johnson versus Perry, in Error:

Whereas, by virtue of Her Majesty's Writ of Error returnable in Parliament, a Record of the Court of Exchequer was brought into this House, the 18th Day of May last, wherein Judgement was entered for Samuel Perry, against Robert Johnson; whereupon Errors were assigned, and Diminution was alledged, the 28th of the same May, and an Order was granted for a Certiorari, which Certiorari was returned Yesterday by the Lord Chief Baron: And this Day, One Counsel on either Side being heard: Upon the Petition of the said Samuel Perry; praying, "That the said Writ of Error may be Non Pros. this Session, according to the Plaintiff Johnson's Consent, mentioned in a Rule of the Court of Exchequer, to the said Petition annexed;" and upon due Consideration of what was offered thereupon:

Non Pros. on the Writ.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Plaintiff in the said Writ of Error do forthwith enter a Non Pros. thereupon, according to his Consent mentioned in the said Rule of Court; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

The Tenor of which Non Pros. entered on the Transcript of the Record to be remitted, follows:

"Postmodumque, scilicet, Die Mercurii, Octavo Die Julii, Anno Regni dictæ Dominæ Reginæ nunc Duodecimo, ven. præd. Samuel Perry per Attorn. suum præd. &c. et præd. Rob'tus Johnson, licet solempnit. exact. non ven. sed Defalt. fecit, nec est Breve suum de Errore corrigend. ulterius prosecut: Ideo cons. est per eandem Cur. Parliamenti, quod præd. Rob'tus Johnson fit in Misericordia, eo quod ipse præd. Breve suum de Errore corrigend. non est prosecut. Et præd. Samuel Perry eat inde sine Die; et quod præd. Samuel Perry in Cur. Scaccarii dictæ Dominæ Reginæ habeat Executionem suam de Judic. præd. versus præfat. Rob'tum Johnson, juxta Formam et Effectum Judic. præd.; ac superinde Record. et Process. præd. Cur. dictæ Dominæ Reginæ hic Parliament. præd. mis. per eandem Cur. Parliamenti præd. Cur. Scaccarii dictæ Dominæ Reginæ remittuntur, &c."

Wichalse versus Short.

After hearing Counsel, in Part, upon the Petition and Appeal of Mary Wichalse, whereunto John Short is Respondent:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel further in this Cause, To-morrow, at Twelve a Clock.

Messages from H. C. with Bills; and to return Harrington's Bill.

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

With a Bill, intituled, "An Act to raise Twelve Hundred Thousand Pounds, for Public Uses, by circulating a further Sum in Exchequer Bills; and for enabling Her Majesty to raise Five Hundred Thousand Pounds, on the Revenue appointed for Uses of Her Civil Government, to be applied for or towards Payment of such Debts and Arrears owing to Her Servants, Tradesmen, and others, as are therein mentioned;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Mr. Shackerley and others:

With a Bill, intituled, "An Act for making perpetual the Act made in the Thirteenth and Fourteenth Years of the Reign of the late King Charles the Second, intituled, An Act for the better Relief of the Poor of this Kingdom; and that Persons bound Apprentices to, or being hired Servants with, Persons coming with Certificates, shall not gain Settlements by such Services or Apprenticeships; and for making perpetual the Act made in the Sixth Year of Her present Majesty's Reign, intituled, An Act for the Importation of Cochineal from any Ports in Spain, during the present War, and Six Months longer; and for reviving a Clause in an Act, made in the Ninth and Tenth Years of the Reign of the late King William (intituled, An Act for settling the Trade to Africa), for allowing Foreign Copper Bars imported to be exported;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Mr. Pitt and others:

To return the Bill, intituled, "An Act to enable John Harrington Esquire and Dorothy his Wife, and Charles Harrington Gentleman, Son and Heir Apparent of the said John Harrington, to sell the Reversion of several Messuages and Tenements in Liverpoole, in the County of Lancaster, being the Inheritance of the said Dorothy, for Payment of their Debts; and settling an Equivalent upon the said Dorothy;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Exchequer Bills, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to raise Twelve Hundred Thousand Pounds, for Public Uses, by circulating a further Sum in Exchequer Bills; and for enabling Her Majesty to raise Five Hundred Thousand Pounds, on the Revenues appointed for Uses of Her Civil Government, to be applied for or towards Payment of such Debts and Arrears owing to Her Servants, Tradesmen, and others, as are therein mentioned."

Roper versus Hewet.

Whereas, by Order of this House, of the 23d of June last, this Day was appointed, for hearing the Cause wherein Edward Roper is Appellant, and Robert Hewet and others are Respondents; but, by several subsequent Orders, the same has been removed to Saturday next:

The House being moved, on Behalf of the Respondents, "That the said Cause may not be further put off, but remain fixed on that Day for a Hearing:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause shall not be farther put off; but be heard, by Counsel, at the Bar, on Saturday next, at Twelve a Clock.

Adjourn.

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