House of Lords Journal Volume 19: 12 May 1714

DIE Mercurii, 12 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Scarbrough, Privilege; Reed, his Servant, taken into Custody, by Warrants from Justice Peckham.

A Complaint being made to the House, "That Joseph Reed, a menial Servant to the Right Honourable the Earl of Scarbrough, was taken, and detained in Custody, by John Cook, a Constable of the Town of Westborn, in Sussex, within the Time of Privilege of Parliament, by virtue of a Warrant from Richard Peckham Esquire, a Justice of Peace for the said County:"

And thereupon William Pawlet and the said Joseph Reed were called in, and examined, upon Oath, at the Bar, in relation to the said Complaint; and the Statute of the 12th and 13th Year of the Reign of his late Majesty King William the Third, intituled, "An Act for preventing any Inconveniences that may happen by Privilege of Parliament," being read:

Ordered, That the Matter of this Complaint be referred to the Lords Committees for Privileges; to consider thereof, and hear such Persons concerning the same as they shall think fit; and to report their Opinion thereupon to the House.

Whose Lordships are to meet on Monday the Twenty-fourth Day of this Instant May, at Eleven a Clock in the Forenoon, in the House of Peers.

Bp. Chester to preach 29th Instant.

Ordered, That the Lord Bishop of Chester be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on the Twenty-ninth Day of this Instant May.

Daly et Ux. versus French.

Upon reading the Petition and Appeal of Denis Daly Junior Esquire and Ellin his Wife, from a Decree made in the Court of Chancery in Ireland, the 26th Day of January 1713, in a Cause wherein Mary French was Plaintiff, and the Petitioners and others Defendants; and all Orders made in Pursuance or Confirmation thereof; praying, "That the same may be reversed, and the said Mary French ordered to answer the said Appeal; and that the Service of such Order on her Six Clerk in the said Court of Chancery may be good Service:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary French may have a Copy of the said Appeal; and shall and is hereby required to put in her Answer thereunto, in Writing, on or before Wednesday the Ninth Day of June next, at Eleven a Clock; and that the Service of this Order on the Respondent's Six Clerk in the said Court shall be good Service, in order thereunto.

Wallace versus Hope.

The House being moved, "That a Day be appointed, for hearing the Cause wherein Hew Wallace is Appellant, and Sir Alexander Hope Respondent:"

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 Friday the Twenty-eighth Day of this Instant May, at Eleven a Clock.

Scot versus Magistrates of Montrose.

Upon reading the Petition of John Scott of Hedderwick Esquire; praying, "That a Day may be appointed, for hearing his Appeal, depending in this House, to which the Magistrates of the Town of Montrose are Respondents:"

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 Monday the Thirty-first Day of this Instant May, at Eleven a Clock.

Wine Merchants Bonds, Bill; rejected.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Relief of the Wine Merchants, in Payment of their Bonds."

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

It was Resolved in the Negative.

Brown's Petition referred to Judges.

Upon reading the Petition of Ambrose Browne, of Buckland, in the County of Surrey, Esquire, John Brown of Buckland aforesaid, Gentleman, Jemmet Raymond, of Woolverton, in the County of Southampton, Esquire, Dame Elizabeth Meux, of St. Margaret's, Westm'r, William Jordan, of Gatewick, in the Parish of Charlwood, in the said County of Surrey, Esquire, and Phillipa his Wife, and Margaret Brown, of Buckland aforesaid, Spinster; praying Leave to bring in a Bill, to enable the Petitioners to make an absolute Sale of the Manor or Lordship of Bayham, in the Counties of Kent and Sussex, and thereby settle the Scite, Capital Messuage, or Manor-house, of Shelwood, in the said County of Surrey, and Lands thereto belonging, in Lieu and Stead thereof, to the same Uses as the said Manor of Bayham now stands settled:

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 Blencowe and Mr. Justice Tracy; 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.

Russel versus Cochran:

After hearing Counsel, upon the Petition and Appeal of Michael Russell, of London, Merchant, complaining of an Interlocutory Sentence, or Decree, of the Lords of Council and Session in Scotland, of the 24th of July 1712, and the Affirmance thereof the 24th of June 1713, on the Behalf of John Cochran, of Waterside; and praying, "That the same may be reversed, and the Petitioner relieved:" As also upon the Answer of the said John Cochran put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal shall be, and is hereby, dismissed this House; and that the Interlocutory Sentence, or Decree, therein complained of, be, and is hereby, affirmed.

E. Scarbrough et al. Bill for enclosing Lands in Thormarton, and for settling Smith's Lands.

After reading, and considering, the Report of the Judges, to whom the Petition of the Right Honourable Richard Earl of Scarbrough and others, for Leave to bring in a Bill, was referred:

Hodie 1^a vice lecta est Billa, intituled, "An Act for parting and enclosing Two great Open Common Fields, and a large Open Greensward Common Down, lying and being in the Manor and Parish of Thormarton, alias Farmington, in the County of Gloucester; and also for settling a Modus, in Lieu of Tithes, upon the present Rector of Farmington aforesaid, and his Successors; and also for vesting certain Messuages and Lands, the Estate of Thomas Smith, an Infant, in Trustees, to be sold, and the Money thereby to be raised to be paid to Humphrey Smith Father of the said Thomas; and for settling upon the said Infant an Estate in the said County, of greater Value, in Lieu thereof."

Cherry's Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Elizabeth Cherry Widow, and others, for Leave to bring in a Bill, was referred:

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of certain Messuages, Lands, Tenements, and Hereditaments contained in the Marriage Settlement of Francis Cherry Gentleman deceased, and Elizabeth his Wife; and for converting the same into Ready Money, for the Benefit of his Wife and Children; and for Sale of other Estates, for Payment of the Debts of Francis Cherry and William Cherry."

River Nine Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

Edinburgh Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for upholding and repairing the Bridges and Highways in the County of Edinburgh."

Wynne's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Richard Wynne Esquire and Sarah his Wife, and John Barrington Esquire, to make Partition of the Manor of Cottingham, alias Cottingham Sarum, in the County of York."

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. Lovebond and Mr. Holford:

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

Daes to enter into a Recognizance for Douglas.

Upon reading the Petition of Grace and Rachel Douglas; praying, "That in regard the Petitioners Residence is in Scotland, that James Daes Gentleman, their Agent, may be admitted to enter into a Recognizance for them, on their Appeal depending in this House:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Daes may enter into a Recognizance for the Petitioners, as desired.

Adjourn.

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