House of Lords Journal Volume 20: 8 June 1716

DIE Veneris, 8 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to Bp. of Lincoln, for his Sermon.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Lincoln, for the excellent Sermon by him preached before this House Yesterday, at the Abbey Church, Westm'r; and he is hereby desired to cause the same to be printed and published.

Sir A. Rigby's Pet. for a Witness, in relation to his Bill.

Upon reading the Petition of Sir Alexand'r Rigby Knight; setting forth, "That, to make good some Allegations in the Petitioner's Bill, which now stands referred to Mr. Justice Prat and Mr. Baron Montague, the Testimony of John Crookshanks Esquire is absolutely necessary; he being the principal Person now living, and at Hand, who can prove the same; who, the Petitioner apprehends, will not care to attend the said Judges, but by Order of this House;" and praying, "That the said Mr. Crookshanks do attend this House To-morrow, to be sworn, in order to be examined before the said Judges:"

It is Ordered, That the said John Crookshanks do attend this House To-morrow, in order to be sworn at the Bar, to the End he may give his Testimony in relation to the said Bill, at the Charge of the Petitioner.

Tobacco, &c. to prevent Abuses in, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House, to whom 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," was committed, the Amendments made by the Committee to the said Bill.

Which were read, as follow:

"Press 1. Line 23. Leave out ["Fifth"], and insert ["Twentieth"].

"L. 24. Leave out ["May"], and insert ["June"].

"Pr. 2. L. 8. After ["Prosecution"], insert ["out of the Moiety so accruing to the Crown, and not otherwise."]

"L. 19. Leave out ["Fifth"], and insert ["Twentieth"].

"L. 20. Leave out ["May"], and insert ["June"]

"Pr. 4. L. 18. Leave out from ["Defendants"] to the End of the Bill.

"In the Title of the Bill:

"L. 2. Leave out from ["Tobacco"] to the End of the Title."

Then the said Amendments to that made in the 4th Press were read a 2d Time, and severally agreed to; and that Amendment, being the leaving out an entire Clause, was, upon the 2d Reading, disagreed to.

And these Amendments were made to the said Clause; (videlicet,)

"Pr. 4. Line 21. Leave out ["Fifth"], and insert ["Twentieth"]; and leave out ["May"], and insert ["June"].

"L. 25. After ["colouring"], insert ["except with Water tinged with the Colouring commonly called Venetian Red only"]."

And then the Amendment made to the Title of the said Bill, being read a Second Time, was disagreed to by the House.

Johnson versus Norris, in Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Eighteenth of May last, from the Court of King's Bench, wherein Samuel Johnson, late of London, Mereer, is Plaintiff, and Robert Norris, of London, Merchant, Defendant; Counsel appearing for the Defendant, but no Counsel for the Plaintiff in Error, who made Default:

Judgement affirmed, with Costs, Plaintiff making Default.

It is therefore Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the said Court of King's Bench, for the said Defendant in Error, be, and is 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: And it is further Ordered, That the said Samuel Johnson do pay, or cause to be paid, to the said Robert Norris, the Sum of Forty Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

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

"Et quia Cur. dicti Domini Regis hic, coram ipso Domino Rege in Parliamento suo, de Judic. suo de et super Præmissis reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram dicto Domino Rege in Parliamento suo, usque Diem Veneris, Octavum Diem Junii ex tunc proxime sequen. ubicunque &c. de Judic. suo de et super Præmiss. ill. audiend. eo quod Cur. dicti Domini Regis in Parliamento suo inde nondum &c.; ad quem Diem, coram dicto Domino Rege in Parliamento suo apud Westm. ven. præd. Rob'tus Norris per Attorn. suum præd.; super quo, visis et per Cur. Parliamenti præd. examinat. tam Record. et Process. præd. ac Judic. superinde reddit. quam (fn. 1) Causis pro Error. superinde assign. considerat. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, cum Quadragint. Libr. solvi præd. Rob'to pro Misis et Custag. suis Occasione Dilation. Execution. Judic. præd. Prætextu Prosecution. præd. Brevis de Error.; ac quod Record. præd. remittatur in Cur. dicti Domini Regis, ad Executionem superinde pro dicto Rob'to fiend."

Papists to register their Estates, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to oblige Papists to register their Names and Real Estates."

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

And the Earl of Clarendon reported from the said Committee, "That they had heard Counsel upon the several Petitions presented to this House on Wednesday last, pursuant to their Lordships Order; and that the Committee 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, to consider further of the said Bill, on Tuesday next; and that all the Lords be summoned, and Notice given them of the Occasion; and that the Judges, or some of them, do then attend this House.

Adjourn.

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