House of Lords Journal Volume 20: 18 May 1716

DIE Veneris, 18 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Assizes, Cornwall, Bill:

Hodie 3^a vice lecta est Billa, intituled, " An Act for holding the Assize for the Country of Cornwal at a convenient Place within the said Country."

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 Sir Thomas Gery and Mr. Rogers:

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

Highways, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making the Laws for repairing the Highways more effectual; and for the better paving and cleansing the Streets in the City of London and Suburbs thereof."

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

And the Earl of Clarendon reported from the said Committee, "That they had made some Progress in the said Bill; and directed him to move, that they may have Leave to sit again."

Ordered, That this House shall be put into a Committee of the whole House, to consider further of the said Bill, on Wednesday the Thirtieth Day of this Instant May; and that the Judges do then attend this House.

Method of proceeding against Mynde for setting Counsel's Names to an Appeal, Report concerning; and of Precedents of Orders for the Attorney General to prosecute.

The Earl of Clarendon reported from the Lords Committees appointed to inspect Precedents, in order to see, and report to the House, what is a proper Way of proceeding against James Mynde, who has acknowledged that he set J. Nicoll and E. Copley's Names, as Counsel, to the Appeal of William Rutter and others, without the Knowledge of the said Counsel; and likewife to report in what Manner Orders have been made by this House, for Prosecutions by the Attorney General; as follows: "That the Committee have inspected the Journals of this House, in divers Cases where Censures have been passed, and Punishments inflicted, by their Lordships, upon Offenders, as well for Offences against the House in general, as the Members thereof in Particular; which Punishments anciently appearing to be very severe, the Committee chose rather to lay before your Lordships some few of the latest Instances; (videlicet,)

9th July, 1663, Alexander Fitton, for contriving and publishing an infamous Libel against the Lord Gerard of Brandon, fined £. 500. to His Majesty, committed to The King's Bench; and to find Sureties for his Behaviour during Life."

18th December, 1667. William Carr, for dispersing scandalous and seditious printed Papers against the Lord Gerard of Brandon, fined £. 1000. to the King, to stand Thrice in the Pillory, to be imprisoned in The Fleet, and the Papers to be burnt."

"1st March, 1676. Doctor Cary was fined £. 1000. for refusing to discover his Knowledge of a Libel; and to be committed to The Tower till he pay the same."

8th March, 168 8/9. William Downing, for printing a Paper reflecting on the Lord Grey of Wark, committed to The Gatehouse, and fined £. 100. to the King."

"28th November, 1689. Robert Presgrave, committed to the Black Rod, for setting Counsel's Names to his Father's Appeal, without their Knowledge:

"5th December, 1689. Upon his Petition, he was discharged, paying his Fees."

11th April, 1690. Thomas Garston, for counterfeiting Protections, to stand Twice in the Pillory, and committed to The Gatehouse till he pay his Fees.

"9th May, 1702. The Attorney General ordered to prosecute Doctor Drake, for writing and publishing Part of a Preface to a Book, intituled, "The History of the last Parliament."

The said Committee observe, by the aforementioned Instances, That where Offences have been committed by any Persons, against the Honour and Dignity of the House in general, or any Member thereof in particular, their Lordships have proceeded both by Way of Fine and Corporal Punishments upon such Offenders; but in Cases where Offences have not been directly against the House, or any particular Member thereof, the Attorney General has been ordered to prosecute the Offenders according to Law: And the Committee, upon Perusal of the several Orders directing Prosecutions by the Attorney General, do not find that, at any Time, Addresses have been made to the King for such Prosecutions.

"The said Committee, upon Consideration of th whole Matter, are of Opinion, That Judgement be given by this House, against the said James Mynde, for his Offence aforementioned, in such Manner, and for such Punishment, as their Lordships shall think proper."

Which Report being read by the Clerk; it was moved, "That the said James Mynde be fined, and also set in the Pillory."

And the Sum of One Hundred Pounds being proposed for the said Fine:

Judgement against Mynde.

Ordered, That the said James Mynde, for setting the Names of the said Two Counsel to the said Appeal without their Privity, be fined to the King's Majesty, in the Sum of One Hundred Pounds.

Then it being proposed, "That the said James Mynde, instead of being set in the Pillory as before moved, do go to every Court in Westminster Hall, One Day next Term, with a Paper on his Breast, signifying his Crime:"

And thereupon, the former Motion being not insisted on; and Debate touching the last Proposition:

This Question was put, "That the said James Mynde do, on the Second Day of the next Term, go, with a Paper upon his Breast, to all the Courts in Westm'r Hall, sitting the said Courts, with his said Crime written in such Paper, in large and legible Characters."

It was Resolved in the Negative.

Papists to register their Estates, Bill.

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

With a Bill, intituled, "An Act to oblige Papists to register their Names and real Estates;" to which they desire the Concurrence of this House.

The said Bill was read the First Time, and ordered to be read a Second time on this Day Sevennight.

Johnson versus Norris, in Error.

The Lord Parker acquainted the House, "That there was a Writ of Error, returnable in Parliament, directed to him as Lord Chief Justice of the Court of King's Bench; and that he had in his Hand a Transcript of the Record; which Record the Clerks in the said Court were attending with at the Door; and that his Lordship, having the Honour to be a Member of this House, desired their Lordships Opinion, as to the Manner of receiving the said Writ of Error."

The House thereupon agreed, "That his Lordship should deliver the said Transcript."

Which was accordingly done; and the Record was brought in, as usual, in order to the Examination of the said Transcript.

In which said Writ of Error,

Samuel Johnson is Plaintiff, and Robert Norris Defendant.

Sir A. Rigby's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to discharge Sir Alexander Rigby Knight from his Imprisonment; and vest his Estate and Effects in Trustees, for the Benefit of his Creditors."

Ordered, That the Consideration of the said Bill be, and is hereby, referred to Mr. Justice Prat and Mr. Baron Mountague; who are forthwith to summon all Parties concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Tobacco, &c. to prevent Abusesin, Bill.

Whereas this Day was appointed, for the House to be in a Committee on the Bill, intituled, "An Act to prevent the Mischiefs by manufacturing Leaves, or other Things, to resemble Tobacco, and the Abuses in making and mixing of Snuff:"

It is Ordered, That this House shall be put into a Committee thereupon, on Saturday the Twenty-sixth Day of this Instant May; and that the Petitioners allowed Yesterday to be heard by their Counsel, in relation to a Clause in the said Bill, as this Day, be, on Saturday the said Twenty-sixth Instant, heard before the Committee, by their Counsel, if they think fit.

Oaths, Time to take, to prolong, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for prolonging the Time for Persons to take the Oaths, pursuant to the Act for the further Security of His Majesty's Person and Government; and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors:"

It is Ordered, That this House shall be put into a Committee thereupon, on Wednesday the Thirtieth Day of this Instant May; and that the Judges do then attend this House.

Bp. of Bristol to preach 29th Instant.

Ordered, That the Lord Bishop of Bristol be, and he is hereby, desired to preach before this House, in the Abbey Church Westm'r, on Tuesday the Twentyninth Day of this Instant May.

Adjourn.

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