House of Lords Journal Volume 19: 10 July 1713

DIE Veneris, 10 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Perpetuating and reviving Laws, Bill.

Hodie 2^a vice lecta est Billa, 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."

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 thereupon.

And, after some Time spent therein, the House was resumed.

And the Lord Delawar reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Harrison versus Archbishop of Dublin, in Error:

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Eleventh of June last, wherein Theophilus Harrison Doctor in Divinity, Prebendary of the Church of St. John in Dublin, is Plaintiff, and William Lord Archbishop of Dublin Defendant, from a Judgement given in the Court of Common Pleas in Ireland; which, upon a Writ of Error brought into the Court of Queen's Bench in that Kingdom, was affirmed there; and, upon a Writ of Error brought into the Court of Queen's Bench at Westminster, the said Judgement was also affirmed; and due Consideration of what was offered by Counsel in this Case:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of Common Pleas in Ireland, and the several Affirmances thereof, shall be, and are hereby, affirmed; 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 Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Sed quia Cur. Parliamenti præd. nunc hic de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram Domina Regina, in eadem Cur. Parliamenti apud Westm. usque Diem Veneris, Decimum Diem Julii, Anno Regni dictæ Dominæ Reginæ Duodecimo supradicto, de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. nunc hic inde nondum, &c.; ad quem Diem, coram dicta Domina Regina in eadem Cur. Parliamenti apud Westm. ven. tam præd. Theophilus Harrison in propria Persona sua, quam prædictus Archiepiscopus Dublin. per Attorn. suum prædictum; super quo, visis & per Cur. Parliamenti præd. diligenter examinatis et plenius intellectis tam Record. et Process. præd. ac Judic. superinde reddit. necnon separal. Affirmation. inde quam præd. Causis superius pro Erorr. assign. et allegat. videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum seu defectivum existit, et quod in Record. et Process. præd. ac in Redditione Judicii præd. in Forma prædicta reddit. necnon in separal. Affirmation. ejusdem Judicii in Forma prædicta affirmat. in nullo est Errat. Ideo consideratum est per eandem Cur. Parliamenti, quod Judicium præd. necnon præd. separal. Judic. Affirmation. ejusdem Judicii in omnibus affirmentur, ac in omni suo Robore stent et Effectu; dictis Causis et Materiis superius pro Error. assign. in aliquo non obstan; & quod præd. Will'us Archiepiscopus Dublin. habeat inde Executionem juxta Formam et Effectum Judic. ill.; ac superinde Record. præd. necnon Process. præd. Cur. Parliamenti per eandem Cur. Parliamenti Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. remittuntur, et in eadem Cur. jam residen. &c."

Franklyn to produce Books.

Upon reading the Petition of Roger Braddyll, William Dawson, and Richard Gough; praying, "That the Books, in which the Accompts of the Partnership between the Petitioners and the Respondent William Franklyn, produced at the Hearing of the Cause in the Court of Exchequer, may be produced at the Hearing in this House:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Franklyn do produce the said Books at the Hearing of the said Cause in this House.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to vest in the Commissioners for building Fifty new Churches, in and about the Cities of London and Westminster, and Suburbs thereof, as much of the Street, near The May Pole in The Strand, in the County of Middlesex, as shall be sufficient to build One of the said Churches upon; and for restoring to the Principal and Scholars of King's Hall and College of Brazen-Nose, in the University of Oxon, their Right of Presentation to Churches and Chapels in Stepney Parish;" to which they desire the Concurrence of this House.

New Church in The Strand, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to vest in the Commissioners for building Fifty new Churches, in and about London and Westminster, and Suburbs thereof, as much of the Street near The May Pole in The Strand, in the County of Middlesex, as shall be sufficient to build One of the said Churches upon; and for restoring to the Principal and Scholars of King's Hall and College of Brazen-Nose, in the University of Oxon, their Right of Presentation to Churches and Chapels in Stepney Parish."

Messages from thence, with a Bill;

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

With a Bill, intituled, "An Act for making perpetual an Act, made in the Seventh Year of the Reign of the late King William, intituled, An Act to prevent false and double Returns of Members to serve in Parliament;" to which they desire the Concurrence of this House.

and to return Descury etal. Nat. Bill, with Amendments:

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

To return the Bill, intituled, "An Act to naturalize Simon Descury, Peter Ribott, Peter Lafitte, and others;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Then the Amendments were read, and agreed to.

Message to H. C. that the Lords have agreed to them.

And a Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks, to acquaint them therewith.

Adjourn.

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